LB 



LAWS 



NEW HAMPSHIRE 



RELATING TO 



COMMON SCHOOLS, 



FORMS OF PROCHHDINfx AND DECISIONS. 



Compiled by 

NATHAN P. HUNT, 

Agreeably to a. resolution of the legislature passed June session, 1885. 



MANCUESTKR, N. JI. : 

JOHN J5. CLARKE, PUBLIC PKINTEK. 



UNITI 



Shelj 




ciass_LB;2_£a <\ 



LAWS 






N5W HAMPSHIRE, 



RELATING TO 



COMMON SCHOOLS, 



FORMS OF PROCEEDING AND DECISIONS. 



Compiled 
NATHAN P. 
Agreeably to a resolution of the legislature passed June session, 1885. 




MANCHESTER: 

JOHN B. CLARKE, PUBLIC PRINTER. 

1886. 



\ 2 SG 



JOmT EES0LUTI0:N' providing for the appointment 
of a commissioner to revise, codify, and amend the 
statute laws of the state relating to schools. 

Resolved by the Senate and House of Representatives in 
General Court convened : 

That the governor, with the advice of the council, be 
required, as soon as may be, to appoint and commission 
one person who shall be learned in the law to compile 
the public statutes of this state relating to schools, now 
in force, including those of the present session and frame 
rules and forms of proceeding in towns under said stat- 
utes, which rules and forms, when approved by the su- 
preme court, or a majority of the judges thereof, shall be 
deemed valid and sufficient. Said statutes as compiled, 
and said rules and forms, shall be printed by the state 
printer and distributed by the secretary of state to the 
several towns on or before the first day of February, 
1886. The governor and council shall allow said com- 
missioner such sum as they deem reasonable, not exceed- 
ing three hundred dollars. 

[Approved August 29, 1885.] 



arisi'er 
^909 



NOTE 



The undersigned, having been appointed a commissioner under 
the authority of the foregoing resolution of the legislature, passed 
June session, 1885, has prepared the following compilation of the 
statutes of this state relating to schools, in force 3Iarch 1, 1886, 
with forms of proceeding in towns under the same. He has also 
added some of the decisions of the supreme court applicable thereto, 
together with such suggestions and explanations as seemed pertinent. 
The forms have been prepared with reference to proceedings in 
towns constituted single districts under the law passed by the last 
legislature, and have no application to districts organized under 
special acts of the legislature. 

The forms of proceeding, as prepared, were submitted to the 
supreme court, at the law term in December last, for such action 
thereon as should be deemed proper •, but grave constitutional ques- 
tions arising as to the power of the court in the matter, considera- 
tion of the same was postponed to the adjourned law term to be 
held in March next. As the secretary of state is directed to dis- 
tribute the statutes as compiled, together with the forms of proceed- 
ing, to the several towns before February 1, 1886, it becomes 
necessary to publish the same without the approval of the forms by 
the court. 

It has been the endeavor of the compiler to make his work what 
the legislature intended by the resolution authorizing the same, and 
he hopes it may prove of service, not only to the district officers 
in the performance of their official duties, but also to all interested 
in the welfare and prosperity of the common schools of the state. 

Nathan P. Hunt. 

Manchester, J.annarv, ISSG. 



CONTENTS. 



CHAPTER 
CHAPTER 
CHAPTER 

Districts. 
CHAPTER 
CHAPTER 

Officer. 
CHAPTER 
CHAPTER 



I. — School Money, 
n. — School Districts. 
HI. — Meetings and Officers of School 

lY. — Schoolhouses. 
Y. — School Board, Teachers, aid Truant 



VI.— High Schools. 
VH. — Scholars. 
CHAPTER YHI. — Superintendent of Public Instruction 

and Teachers' Institutes. 
CHAPTER IX. — State Normal School. 



CHAPTER I. 



SCHOOL MONEY. 



Section 

1. Amount required by law. 

2. Town may raise more. 

3. How applied. 

4. How assigned. 

5. Ward's tax. 

6. Neglect of selectmen to assess, 

etc., penalty. 

7. Misapplication ot money, pen- 

alty. 

8. District may raise additional 

money. 

9. Literary fund, how established. 
10. Savings-bank tax added to liter- 
ary fund. 



Section 

11. Literary fund, how distributed. 

12. Literary fund, unincorporated 

places not to receive unless. 

13. Literary fund, how applied. 

14. Literary fund, penalty for misap- 

plication. 

15. Literary fund paid to college 

grant, when. 

16. School fund established. 

17. School fund, income how applied. 

18. Dog tax. 

19. Railroad tax. 

20. Penalties recovered to be added 

to school money. 



§ 1. Amount required by laav. The selectmen in each 
town shall assess, annually, upon the polls and ratable 



b SCHOOL MONEY. 

estate taxable therein, a sum to be computed at the rate 
of three hundred and fifty dollars for every dollar of the 
public taxes apportioned to such town, and so for a greater 
or less sum. — G. L., c. 85, § 1, p. 205. 

The selectmen are bound to assess the amount required by law, whether 
the town votes to raise it or not. —Tucker v. Aiken, 7 X. H., 128. 

When the town fails to act, the selectmen are bound to make their assess- 
ment, and commit the same to the collector seasonably. They shouki also 
require liim to collect and pay over the money within a reasonable time. 
Having done this in good faith, it has never been the understanding in this 
state that it was their duty to borrow money on the credit of the town for 
school purposes, or to pervert trust funds to"^such use, or to so appropriate 
the funds of the town raised or collected for other, or even for general, 
purposes. 

§ 2. ToAvx MAY RAISE MORE. The towii, at any legal 
meeting for the purpose, may raise a sum exceeding the 
amount aforesaid, which shall be assessed in the same 
manner. — G. L., c. 85, § 2, p. 205. 

Where " the vote not having in terms appropriated any particular sura for 
schools, any portion of it intended for that purpose must be taken to be in 
addition to the sum the selectmen were required to assess." — Tucker i\ Aiken, 
7 X. H., 129. 

Xo money shall be raised or appropriated at any special town-meeting, 
except by vote by ballot, nor unless the ballots cast'at such meeting shall be 
equal in iimnber to at least one half of the number of legal A-oters borne on 
the check-list of said town at the last annual or biennial election next pre- 
ceding such special meeting, -ind such check-list may be legally used at said 
meeting upon tlie request of ten legal A'Oters of the town. — G.'L,, c. 37, § 4, 
p. 112, as amended by Laws of 18S1, c. 69, § 2, p. 4S-5. 

§ 3. How APPLIED. Such sum, when collected, shall be 
appropriated to the sole purpose of keeping an English 
school or schools within such town, for teaching reading, 
writing, English grammar, arithmetic, geography, together 
with such other branches of English education as are 
adapted to the advancement of the school, including the 
purchase of necessary fuel for the school, and occasional 
repairs, as specified in this title. — ^G. L., c. 85, § 3, p. 205. 

The school board of each town may use a portion of the school money, not 
exceeding twenty -five per cent thereof, for the purpose of conveying scholars 
to and from school. — Laws of 1885, c. 43, § 6, p. 2.53 ; see c. 5, § 2, post. 

The superintending school committee [school board], and selectmen in the 
several towns in the state are authorized to purchase, for the use of their 
common schools, copies of the map of Xew Hampshire, not exceeding 
one copy for each school, and pay for the same out of any money appro- 
priated for school purposes. — G. L., c. 89, § 13, p. 217 ; see § 13, post. 

§ 4. IIow ASSIGNED. The selectmen shall assign to 
each district a proportion of the money thus assessed, 



SCHOOL MONEY. 7 

according to the valuation of the district for the year, or 
in such other manner as the town, at the annual meeting, 
shall direct, and shall pay over the same to the prudential 
committee of the district.— G. L., c. 85, § 4, pp. 205, 206. 

Where the town is one district, under Laws of 1885, c. 43, the duties of pru- 
dential committee devolve upon the school board, and the money should be 
paid to such board.— Laws of 1885, c. 43, § 4. 

Where there are one or more districts in the town not abolished by the 
law of 1885, the selectmen should apportion tlie money raised among the sev- 
eral districts and pay over the saiue to the proper officers. 

The power of selectmen to apportion school money among the several 
school districts in a town is a continuing power, to be exercised from time to 
time whenever it inay be necessary from changes made in the district, in 
oi-der to give to each district the benefit of the tax paid bv its members.— 
School District r. Sanborn, ^r) N. H.,34. 

The selectmen, after the money has been paid to the prudential committee, 
have no legal interest, and can maintain no action for it or in reference to it. 
School District v. Sherburne, 48 X. H., .56. 

The selectmen should draw an order upon the town treasurer for the 
amount of money belonging to the district, as all disbursements of town 
money must be made hy the ti'easurer in accordance with the following pro- 
visions:— 

Every collector of taxes shall, on the first Saturday of every month, pay 
into the town treasury all moneys by him collected uj) to that time, and shall 
submit his tax-book and list to the treasurer of said town for his inspection 
and computation. The treasurer shall give a receipt to the collector for all 
money paid by him to the treasurer, who shall make all the disbursements 
thereof under the written authority of a majority of the selectmen, and all 
money received by the selectmen shall be paid by them immediately to the 
treasurer, who shall give them a receipt therefor, and his ofticial bond shall 
be holden for the safe keeping and disbursement of the same, as in this sec- 
tion provided for the disbursement of money received from the collector of 
taxes, and the selectmen and toAvn treasurer shall in all cases keep sepai-ate 
accounts of all money received and paid by them, and all money hired for 
the use of anj' towni^ or received from any source, except that collected by 
the collector of taxes, shall be received by the selectmen, and be paid by 
them immediately to the treasurer. — G. L., c. 40, § 9, pi). 117, 118; see also 
School District v. Morrill, 59 N. H., 367. 

§ 5. Ward's tax. When the guardian and ward reside 
in the same town, the selectmen shall assign the tax 
assessed upon the ward's personal property to the school 
district in which the ward lives and has his home. — G. L., 
c. 85, § 5, p. 206. 

§ 6. I^EGLECT OF SELECTMEN TO ASSESS, PENALTY. If the 

selectmen of any town neglect to assess, assign, or pay 
over the school money as aforesaid, they shall pay for 
each neglect a sum equal to that so neglected to be 
assessed, assigned, or paid over, to be recovered by action 
of debt, in the name and for the use of the district, by 
the prudential committee [ school board]. — G. L., c. 85, 
§ 6, p. 206. 



8 SCHOOL MONEY. 

This provision applies to school money raised by taxation. The selectmen 
are bound to assess the amount required by law, whether the town votes to 
raise it or not. 

Every boai'd of selectmen that neglects to assess, assign, and pay over, 
is liable, under this provision; but the supreme court have decided that the 
phrase "paj'' over," in connection with the provisions of § 6, anfe, means 
" draw an order in writing on the ti'easurer." — School District v. Morrill, 59 
N. H., 367. 

This does not applj^ to the literary fund, railroad money, and dog tax, till 
they have been duly appropriated for school purposes by vote of the town.— 
lb. 

In districts composed of the whole town, under the laws of 1885, c. 43, the 
duties of prudential committee devolve upon the school board of such district, 
and the action against the selectmen should be brought by the school board. 

§ 7. Misapplication, penalty. If the money so as- 
signed and paid over to the prudential committee of any 
district is not expended by him according to law, he shall 
be lined a sum not exceeding twice the sum so unex- 
pended or not legally expended, for the use of the dis- 
trict.— G. L., c. 85, § 7, p. 206. 

As the school board of town districts have all the duties of prudential com- 
mittees to perform, the members of the boai-d would be liable under the sec- 
tion for expending the school money Improperly. 

If the prudential committee of a school district receive the money 
assigned to the district for the support of schools, and neglect to appropriate 
it to that use, the district, after his term of office has expired, may recover 
the money of him in an action for money had and received.— School District 
V. Sherburne, 48 N. H., 52. 

The criminal prosecution is not intended as a remedy for the district to 
enforce their rights. The law does not leave it to the option of the school 
district whether the money assigned to them shall be applied to the support 
of schools. It is a matter of general public concern; and the design of the 
criminal prosecution is, not to take from school districts the right to recover 
their money from the delinquent committee by the ordinary legal remedy, 
but to compel school districts and school committees to appropriate the 
money raised for that purpose to the support of schools, in accordance with 
the policy of the law which imposes the duty of providing instruction in the 
public schools, whether the districts desire it or not. — 76. 

No court has yet held that this money can be used to pay counsel fees in 
the suits brought to recover, or in the prosecution of criminal proceedings, 
or to pay other debts of the district. 

§ 8. District may raise additional money. Any 
district may raise money for the support of schools, in 
addition to the tax required by law, and to pay debts of 
the district, which, on certificate by the clerk, shall be 
assessed and collected as other school taxes. — G. L., 
c. 86, § 18, p. 208. 

For any error of law or fact in the assessment, for which a person is en- 
titled to relief, he has a remedy by appeal, mandamus, or other direct pro- 
ceeding, aimed at the correction or reversal of the assessment; and for 
such an error he cannot maintain an action for damages against selectmen 
who acted in good faith. Selectmen are not liable for assessing a tax in pur- 
suance of an unconstitutional act of the legislature, or an illegal vote of the 
town.— Edes v. Boardman, 58 N. H., 580. 



SCHOOL MONEY. \) 

The doctrine of Edes v. Boardmaii applies to tlie assessment and collection 
of taxes for school district purposes. — Locke v. Pittsfleld, decided June 
Term, 1884, 

It is not the duty or right of selectmen to inquire into the legality of the 
vote of a school district to raise money ; hut when such vote is certified to 
them by the district clerk, they should assess the tax, and a mandamus lies to 
enforce performance of that duty, — School District v. Carr, decided June 
Law Term, 1884, overruling Rogers i\ Bowen, 42 N. H,, 102. 

§ 9. Literary fund established. Every banking cor- 
poration shall pay to the treasurer, on or before the sec- 
ond Wednesday of June annually, one half of one per 
cent on the amount of the actual capital stock of the 
bank at that time. The sums so paid shall constitute a 
fund to be called the literary fund, and shall be kept and 
accounted for by the treasurer. — G. L., c. 94, § 1, p. 226. 

§ 10. Savings-bank tax added. All sums of money 
hereafter received from the tax on deposits in savings 
banks by non-resident depositors, or depositors whose 
residence is unknown, shall be added to and constitute a 
part of the literaiy fund, and shall be kept, accounted 
for, managed, assigned, and distributed according to the 
provisions of law applicable to the literary fund. — G. L., 
c. 94, § 4, p. 226. 

§ 11. How ASSIGNED. The treasurer shall assign and 
distribute, in June annually, the literary fund among the 
several towns and places, according to the number of 
scholars of such towns and places, not less than five years 
of age, who shall, by the last report of the school com- 
mittee [school board] of the several towns and places 
returned to the superintendent of public instruction, 
appear to have attended the district common schools in 
such towns and places for a time not less than two weeks 
within that year. — G. L., c. 94, § 5, p. 226. 

§ 12. Unincorporated places. No unincorporated 
place shall receive such portion until a treasurer or school 
agent shall have been chosen to receive and appropriate the 



10 SCHOOL MONEY. 

same in the manner hereinafter directed. — G. L., c. 94, 

§ 6, p. 226. 

§ 13. How APPLIED. The money received by any town 
or place shall be applied to the maintenance of common 
schools, or to other purposes of education, in addition to 
the sums required to be raised by law, and in such man- 
ner as the town shall direct, but no district in which no 
school shall be kept at any time during the 3'ear shall 
receive any part of said money. — G. L., c. 94, § 7, p. 227. 

The superinteufling school committee [school boardj and selectmen are 
empowered to expend, at their discretion, for the use of the schools, one fifth 
part of the literary fund, which may annually he assigned any city or town, 
in the purchase or repair of blackboards, maps, charts, globes, dictionaries, 
or any apparatus which, in their judgment, will advance the educational 
interests of said schools ; and that any nnexpended portion of such fifth part 
on hand the first day of March annually, shall then be passed to the credit of 
the general school fund of such city or town for the support of schools in 
same during current year. — Laws of 1879, c. 53, § 1, p. 3G5. 

Under the Laws of 1885 the school board takes the place of superintending 
school committee. The school board and selectmen would expend the money 
for the purposes above indicated. 

§ 14. MiSAPPLiCATiox. If any town or incorporated 
place, or the agent of any unincorporated place, shall 
apply any sum of money so received to any other purpose 
than as aforesaid, the town, place, or agent so offending 
shall refund double the sum so misapplied. — G. L., 
c. 94, § 8, p. 227. 

§ 15. College grant, etc. The treasurer, in the 
month of June annually, shall pay the literary fund 
assigned to the Second College Grant and Wentworth's 
Location, to the prudential committee or agent of said 
grant and location, when duly authorized by the inhab- 
itants therein, which shall be applied to the maintenance 
of common schools. — G. L., c. 94, § 9, p. 227. 

§ 16. School fund from sale of state lands. The 
proceeds of the sale of the state lands, effected under the 
authority of a joint resolution ap[)roved June twenty- 
eighth, eighteen hundred and sixty-seven, shall be, and 



SCHOOL MONEY. 11 

the same hereby are, set apart as a school fnnd. — G. L., 
c. 94, § 10, p. 227. 

§ 17. Income of school fund, how applied. The 
annual income of the said fund shall be a])plied to the 
purposes of common-school education, in such way and 
manner as the legislature may from time to time deter- 
mine.— G. L., c. 94, § 11, p. 227. 

The annual income of this fund under Laws of 1883, c. 73, § 4, is set apart for 
the support of teachers' institutes. — See c. 8, § 11, post. 

§ 18. Dog tax. All money arising from the taxation 
of dogs, remaining in the treasury of any town or city on 
the iirst day of April, annually, which has not been 
ordered to be paid for damages to domestic animals, 
agreeably to the provisions of this chapter, may be ap- 
plied to the support of schools, or retained in the treasury 
of the town or city for the purpose of paying damages 
done to domestic animals, according to said statute, as the 
town or city council shall by vote determine. — G. L., 
c. 115, § 18,*^ p. 282. 

The town and not the selectmen must determine wliether the money shall 
be applied to the support ot schools or not. — School District v. Morrill, 59 
N. H.,367. 

§ 19. Railroad tax. The state treasurer shall pay to 
each town its proportion of each railroad tax, whenever 
the same shall have been ])aid to him, to be appropriated 
as other town money. — G. L., c. 62, § 8, p. 160. 

LTnder the provisions of this section towns may apply the whole or a part 
of the railroad money received from the state to the support of common 
schools. 

A district being a corporation may take and hold property in trust for the 
support of schools in the district. 

§ 20. Penalties recovered added to school fund. 
The selectmen and school boards must pay the penalties 
recovered by them, in the name of and at the ex[>ense of 
the town, under G. L., c. 91, §§ 16, 18, p. 228, to the 
school district in which the penalties were incurred, and 
the same must be added to the school money thereof. — 
See c. 7, § 20, post. 



12 



SCHOOL DISTRICTS. 



CHAPTER 11. 



SCHOOL DISTRICTS. 



Section 

1. Town to constitute single dis- 

trict.' 

2. Town to take possession of dis- 

trict property. 

3. Records of districts abolished to 

be preserved. 

4. First meeting of town district, 

how called. 
6. Districts holding funds, act not 
to apply to, to prevent retain- 
ing funds. 

6. District system may be re-estab- 

lished after five years. 

7. Laws in relation to scliool dis- 

tricts so far as consistent to 
continue in force. 

8. Special school districts may unite 

with town district. 

9. Powers of districts. 

10. May hire money. 

11. Tax to pay for money hired. 

12. Scholars may be furnished with 

school books. 

13. Regulations to be made respect- 

ing school books. 



Section 

14. District may insure buildings. 

15. District may raise additional 

money for schools. 

16. May admit scholars from other 

districts. 

17. Scholars may be classed by dis- 

trict. 

18. School board may class if district 

neglect. 

19. Districts may unite in support of 

schools. 

20. Joint schoolhouses. 

21. Corporate powers of districts to 

continue. 

22. Districts deemed in what town. 

23. Powers of town officers in such 

cases. 

24. Joint districts entitled to school 

money. 

25. Pupils may be conveyed to 

school. 

26. Pupils may be sent to adjoining 

districts. 

27. Money for conveyance of pupils 

expended by whose order. 



§ 1. Town to constitute a single district. The 
division of towns into school districts heretofore existing 
is hereby aboUshed, and each town shall hereafter consti- 
tute a single district for school purposes ; jn^odded, hoiv- 
ever, that districts organized under special acts of the 
legislature may retain their present organization. — Laws 
of 1885, c. 43," §1, p. 252. 

§ 2. Town to take possession of district property. 
Each town shall forthwith take possession of all the 
schoolhouses, lands, apparatus, and other property owned 
and used for school purposes l)y the said districts liereby 
abolished, which said districts might lawfully sell or con- 
vey. The property so taken shall ])e appraised l)y the 
assessors of the town, and at the next annual assessment 
a tax shall be levied upon the Avhole town equal to the 
amount of the whole appraisal; and there shall be remit- 



SCHOOL DISTRICTS. 1-3 

ted to the tax-payers of each district the said appraised 
value of its property so taken. In the case of a union 
district, the fractional parts of which belong to different 
towns, the selectmen of such towns shall, acting together, 
appraise the school property of such union district, abol- 
ished under the provisions of this act, and shall make an 
equitable apportionment of the property and debts of such 
district, and lind the balance equitably due from either of 
said towns to any of said towns, and order such balance 
to be paid within a time to be by them limited ; and 
whenever such selectmen sliall fail to agree upon the 
apportionment of the property and debts of such union 
district, they shall choose a referee, whose decision shall 
be final.— Laws of 1885, c. 43, § 2, p. 252. 

§ 3. District records to be preserved. The records 
of the districts hereby abolished shall be preserved by the 
town, and returned to the several districts whenever the 
town shall vote to return to the district system, under the 
provisions of section 8 of this act. — See § 6, jwst ; Laws 
of 1885, c. 43, § 3, p. 253. 

§ 4. First meeting of town district, how called. 
The first meeting of such district so composed of the 
whole town by virtue of this act, shall be called by the 
selectmen of such town ; and the clerk of such town shall 
act as the clerk of such district until the clerk of such 
district is chosen and qualified, — Laws of 1885, c. 48, 
§ 5, p. 253. 

§ 5. Districts holding funds. The provisions of 
this act shall not be applied to school districts holding 
funds for school purposes, in such manner as to prevent 
said districts from retaining and enjoying the benefit of 
said funds. — Laws of 1885, c. 43, § 7, p.^253. 

§ 6. District system may be re-established after 
FIVE YEARS. Any town, after five years from the time 



14 SCHOOL DISTRICTS. 

this act goes into effect, may, by a majority vote of all the 
voters of the district, re-establish the district system in 
such town, and shall thereafter be subject to the same 
laws as are now in force in this state in relation to school 
districts. — Laws of 1885, c. 43, § 8, p. 253. 

§ 7. Laws in relation to school districts so far 

AS CONSISTENT TO CONTINUE IN FORCE. The provisious of 

the General Laws heretofore enacted in relation to school 
districts and schools shall be in force so far as the same 
are consistent with this act, and all acts and parts of acts 
inconsistent with the provisions of this act are hereby 
repealed, and this act shall take effect and be in force 
from and after March 1, 1886. — Laws of 1885, c. 43, § 9, 
p. 253. 

§ 8. Special school districts may unite with town 
DISTRICT. That any school district organized under a 
special act of the legislature may, by a major vote of the 
qualified voters present and voting at a legal meeting 
duly warned for the purpose, abolish such district and 
unite with the town district. — Laws of 1885, c. 89, § 1, 
p. 286. 

§ 9. Powers of districts. School districts that have 
exercised the privileges of a district for a year shall be 
presumed to be legally organized ; and all districts legally 
organized shall be corporations with power to sue and to 
be sued, to hold and dispose of real and personal property 
for the use of the schools therein, and to make necessary 
contracts relating thereto. — G. L., c. 86, § 14, p. 208. 

School districts, being enabled by law to sue and be sued, bave the power 
to appoint and instruct agents to prosecute and defend, and may, lawfully 
instruct them to Avithdraw defenses and confess judgment. — Deniston v. 
School District, 17 N. H., 4f»2. 

Thej- have the powers expressly granted them, and such implied powers as 
are necessary to enable them to perform their duties, and no more. — Bell, J., 
in Harris v. School District, 28 N. H., (52. 

A school district can hold lands in trust for the support of schools, but not 
for the support of the ministry. — Chapin v. School District, 35 N. H., 445. 



SCHOOL DISTRICTS. 15 

Tax-payers are not parties to the suits of districts, nor bound by a judg- 
ment therein, and may proceed in equity to set aside a judgment, if collusive, 
or to be protected against it, if it be likely to be made the instrument of in- 
justice and oppression towards them. — Woods, J., in Barr v. Deniston, 19 
N. H., 180. 

§ 10. May hire money. Any district may hire money 
for building their schoolhonses, not exceeding four lifths 
of the cost thereof, which shall be payable within five 
years, in equal portions, with the interest. — G. L., c. 86, 
§ 15, p. 208. 

The form of a note of a district may be : — 

,188 . 

For value received, the school district of the town of 

promises to pay C I) or order dollars, , • 

with interest annually. 

School district of the town of ? ^^y its committee duly 

authorized. 

E. F. 
G. H. 
I. J. 

A person taking a note in this form should satisfy himself of the legality 
of the proceedings of the district. 

Where an agent assumes to bind another by a promissory note, when he 
has no authority to do so, and his language, stripped of what he had no 
right to place there, imparts a promise by him personally, he is himself 
bound as the promisor. — Weare v. Gove, 44 N. H., 19(5. 

§ 11. Tax to pay for money hired. The selectmen, on 
application of tlie creditor, and on the filing of a copy of 
the vote and note of the district, may, in each annual tax, 
assess on the district one fifth of such debt and the inter- 
est, and cause the same to be collected and, paid to the 
town treasurer, who shall pay the same on demand to the 
creditor. — G. L., c. 86, § 16, p. 208. 

§ 12. Scholars may be furnished with school books. 
Any town or any district, at any lawful meeting, may 
raise money by taxation or otherwise for supplying the 
scholars in the common schools with suitable school books 
free of charge. — Laws of 1883, c. 46, § 1, p. 30. 

§ 13. Regulations in regard to school books. Any 
town or any district may by vote establish suitable regu- 



16 SCHOOL DISTRICTS. 

lations in respect thereto ; and it shall be the duty of the 
school committee [school board] to provide such regula- 
tions in case the town or district fails to do so. — Laws 
of 1883, c. 46, § 2, p. 30. 

§ 14. To INSURE BUILDINGS. Anj school district may 
procure its buildings and property to be insured against 
fire, and raise money therefor, and by their agent give 
their premium note ; but no part of the school money 
required to be raised l)y law shall be taken to pay for 
insurance. — G. L., c. 86, § 17, p. 208. 

§ 15. Districts may raise money for schools. Any 
district ma}' raise money for the support of schools, in 
addition to the tax required by law, and to pay debts of 
the district, which, on certificate of the clerk, shall be 
assessed and collected as other school taxes. — G. L., 
c. 86, § 18, p. 208. 

The vote can be reconsidered (and at an adjourned meeting), and if recon- 
sidered before the assessment, and tlie selectmen certitied of the fact, they 
have no power to assess the tax. —Mitchell r. Bi-own, 18 N. H., 315. 

When such a vote is reconsidered or rescinded, the clerk ought at once to 
certify the facts to the selectmen. 

Fees ot county commissioners for services are deemed debts. — G. L., c. 88, 
§8, p. 214; c. 4, §8, post. 

§ 16. May admit scholars from other districts. 
Each district may determine upon what terms scholars 
from other districts or towns may be admitted into their 
schools. If the district neglect to make such determin- 
ation the prudential committee [school board] may do 
it.— G. L., c. 86, § 19, p. 208. 

A temporary residence, merely for the purpose of attending school, gives 
no right to attend against the will of the district.— School District f. Brag- 
don, 23 N. H., 516; see c. 7, § 1, 2>ost. 

§ 17. Scholars classed. Any district may, by vote or 
by a committee, divide the scholars according to their age, 
acquirements, and residence, or either, and direct under 
what teachers they shall be instructed. — G. L., c. 86, § 20, 
p. 208. See also G. L., c. 91, §§ 3, 5 ; c. 7, §§ 4, 5, post. 



school districts. 17 

§ 18. School board may class if district neglects. 
If a district refuse or neglect to make such division, it 
may be made by the school committee [school board]. — 
a. L., c. 86, § 21, p. 208. 

§ 19. Districts may unite in support of schools. Two 
or more contiguous districts in the same or different towns 
may, by concurring votes, unite in the support of their 
schools, and the school money of such districts may be 
expended in the support of schools kept in either district, 
agreeably to such votes. — G. L., c. 86, § 22, p. 208. 

§ 20. Joint schoolhouses. While such schools are so 
united, either district may raise money to build, repair, 
or remove schoolhouses and their appurtenances in either 
district. — G. L., c. 86, § 23, p. 208. 

§ 21. Corporate powers continue. The corporate 
powers and liabilities of any school district shall continue 
and remain for the purpose of receiving and disposing of 
the money paid for its property by the town, paying its 
debts, concluding any suit at law, or in equity, in which 
such district may be a party, collecting any debts due such 
district, and disposing of the proceeds thereof, and hold- 
ing and enjoying the income of any money or property 
held in trust by virtue of any gift, devise, or bequest, for 
the benefit of each district, for the same purpose, and in 
the same manner as before, according to the terms there- 
of.— G.L.,c. 86, §28, p. 209. 

It seems probable that the provisions of the following sections of this chap- 
ter are in force only so far as they apply to districts organized under special 
acts of the legislature, and which Avere not abolished by chapter 43 of the 
Laws of 1885. 

§ 22. Districts deemed in what town. Every district 
including land in different towns shall be deemed a dis- 
trict of that town in which most of the voters therein 
reside at its formation ; but the district may, by vote 



18 SCHOOL DISTRICTS. 

recorded in both towns, elect to which town they will 
belong. — G. L., c. 86, § 7, p. 207.* 

§ 23. Powers of town officers in such cases. The 
selectmen, school committee, and collector of the town to 
which such district may be deemed to belong, shall have 
the same powers in respect to such district as if the whole 
were in that town. — G. L., c. 86, § 8, p. 207.* 

§ 24. Joint districts entitled to school money. Every 
district situate in two or more towns shall be entitled to 
its just proportion of school taxes, income of school funds, 
and literary fund in each town, according to the valuation 
of persons and property taxal)le therein. — G. L., c. 86, 
§ 13, p. 207.* 

§ 25. Pupils may be conveyed to school. Any school 
district, by a major vote at any legal school meeting in 
the district, may autliorize the prudential committee of 
said district to use a part of the school money appropri- 
ated to the district for sciiool purposes, not exceeding ten 
per cent, for the conveyance to and from the school of 
pupils living more than one mile and a half from school. 
— G. L., c.^86, § 25, p. 208.* 

§ 26. May send scholars to adjoining districts. 
School districts having less than twelve scholars to attend 
any term of school may, by vote, at their annual or other 
legal meeting called for that purpose, authorize the pru- 
dential committee to provide for the attendance of pupils 
at the schools of adjoining districts, the selection of such 
schools to be approved by the school committee of the 
town. And in such cases the prudential committee is 
authorized to appropriate an amount not exceeding ten 
j)er cent, as in section twenty-four provided [G. L., c. 86, 
§ 24, p. 208; that is, for the conveyance to'and^from school 

* Applies to districts organized under special acts of the legislature. 



MEETINGS AND OFFICERS. 



19 



of pupils residing not less than one mile and a half from 
the school], and to divide the remainder of the money 
appropriated for the term in the district among the 
adjoining districts in proportion to the pupils l)y them 
received. — G. L., c. 86, § 26, pp. 208, 209.* 

§ 27. Money expended under whose order. All 
money appropriated under the provisions of sections 
twenty-four and twenty-five of this chapter (§§ 24 and 25, 
of c. 86, G. L. § 25, ante) shall be expended under the 
order and at the discretion of the officers charged with 
the prudential aftairs of the district. — G. L., c. 86, § 27, 
p. 209.* 

CHAPTER III. 

MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. 



Section 

1. Meetings, how called. 

2. Warrant, how served. 

3. Meetings may be held where 

town meetings are held. 

4. Meetings when to be called. 

5. Justice to call meeting, when. 

6. Warrant to be returned to clerk. 

7. Voters at district meetings. 

8. Check-list to be used on petition. 

9. Check-list to be used on vote. 

10. Illegal voting punished. 

11. Oflticers of districts. 

12. Moderator's powers. 

13. Clerk's duties. 

14. Vacancies, how filled. 

15. Prudential committee's duties. 



Section 

IG. Prudential committee may be 
dismissed. 

17. Board of education may be chos- 

en in what districts. 

18. Board of education, how consti- 

tuted. 

19. Board of education, powers of. 

20. Board of education may contract 

with each other or academy. 

21. Board of education, organization 

and compensation of. 

22. Board of education to make re- 

port to district. 

23. Board of education to make re- 

port to town or school commit- 
tee in what cases. 



§ 1. Meetings, how called. Meetings of school dis- 
tricts shall be warned by the prudential committee [school 
board], by w^arrant addressed to the inhabitants of the 
district qualified to vote in district afi:airs, stating the 
time and place of meeting and the business to be acted 
upon. — G. L., c. 87, § 1, p. 209. 

A school-district meeting cannot act excepting upon articles distinctly 
stated in the warrant. — Holbrook v. Faulkner, 55 N. H., 311. 

§ 2. Warrant, how served. Such warrant shall be 



* Applies to districts organized under special acts of the legislature. 



20 MEETINGS AND OFFICERS. 

served by posting a copy thereof, attested by the commit- 
tee [school board], at the door of the schoolhouse, if there 
be any in the district ; otherwise at one or more pubhc 
places in the district, fourteen days at least prior to the 
day of meeting. — G. L., c. 87, § 2, p. 209. 

As each town is now constituted a single district, it would seem advisable 
to call district meetings at the usual place of holding town meetings. (See the 
next section.) 

§ 3. Meetings may be held where town meetings 
ARE HELD. Whenever any school district shall consist of 
the whole town, the district meetings thereof may- be 
held at the usual place or places where the town meetings 
of such town are held, and the warrants for such district 
meetings may be posted at such places as warrants for 
town meetings are required by law to be posted. — Laws 
of 1879, c. 57, § 37, p. 372. 

Town meetings are warned by posting an attested copy of the warrant at 
the place of meeting, and a like copy at one other public place in the town, 
fourteen days before the day of meeting. — G. L., c. 38, § 4, p. 114. 

Inns are public places. — Tidd r. Smith, 3 N. H., 178. 

A meeting-house is prima facie a. public place for posting notices. — Scam- 
mon V. Scammon, 28 N. H., 419. 

A shoemaker's shop in Deerfield was held 7iot to be a " public place." — 
Tidd V. Smith, 3 N. H., 178. 

Practically it is generally supposed to mean a tavern, store, or other place 
where people are in the habit of resorting for the transaction of business. — 
Parker, C. J., Wells r. Burbank, 17 N. H., 411. 

The term public as applied to place is not an absolute but a relative term, 
and, as used in the statute, means nothing more than a place relatively and 
comparatively public, — at all events, not essentially and peculiarly less pub- 
lic than other places in the same town, if there be no place of common resort. 
Stanley, J., Calhoun v. Coe, 57 N. H., 595. 

In towns and places where no post-office, tavern, house of public worship, 
or other place usually regarded as a public place, exists, the words "public 
place " must be construed to mean such places as, in comparison with other 
places in the same town, are the places where the inhabitants and others 
most frequently meet, or resort, or have occasion to be, so that a notice 
posted there would, for that reason, be likely to meet public view and attract 
observation. — Russell v. Dyer, 40 N. H., 173 ; same case, 43 N. H., 396. 

§ 4. Meetings, when to be called. The prudential 
committee shall issue his w^arrant for the annual meeting, 
and post a copy thereof, at any time subsequent to the 
first Tuesday of January and prior to the second Tuesday 
of March, and such annual meeting shall be holden 
and the officers of the district chosen on or before the 
last day of March, and he shall issue his warrant for 



MEETINGS AND OFFICERS. 21 

special meetings upon application therefor of three or 
more voters of the district within ten days after such 
application is made. — G. L., c. 87, § 3, p. 209. 

Probably a special meeting could not be called by the committee without 
such an application. 

In districts organized under special acts of the legislature with prudential 
committees, it is the duty of such committees to issue and attest the warrant 
for meetings of the districts. If any such districts have a board of education 
with the powers of superintending and prudential committees, then such 
duty devolves upon such board. In town districts, xander the Laws of 1885, 
c. 43, § 4, the duties of superintending and prudential committees are here- 
after to be performed by the school board, therefore warrants for meetings 
of such districts should be issued and attested by such school board. 

The first meeting of a district composed of the whole town, under the 
Laws of 1885, c. 43, must be called by the selectmen ; and the town clerk acts 
as clerk of such district iTutil a clerk is chosen and qualified. — Laws of 1885, 
c. 43, § 5. And under § 3, such meetings should be called at the usual place of 
holding the town meeting. 

There must be fourteen days betiveen the day of posting and the day of 
meeting. 

When time is to be reckoned from any day, date, act done, or the time of 
any act done, either by force of law, or by virtue of any contract made since 
the twenty-third day of December, eighteen hundred and forty -two, such day, 
date, or the day when such act is done shall not be included in the computa- 
tion. — G. L., c. 1, § 32, p. 46. 

§ 5. Justice to call meetings on neglect. If the 
prudential committee [school hoard] neglect to issue a 
warrant for such annual or special meeting, and to post a 
copy thereof within the respective times limited therefor, 
a justice, upon a like application, shall call such annual 
or special meeting, hy issuing his warrant and causing 
an attested copy of it to he served in the manner before 
prescribed ; and in case a justice shall fail to call such 
annual meeting in the month of March, by issuing his 
warrant and causing an attested copy of it to be served 
as aforesaid, or in case the officers of the district shall 
not be actually chosen at such meeting before the twen- 
tieth day of April, a vacancy shall be deemed to exist in 
the offices of the district. — G. L., c. 87, § 4, p. 210. 

§ 6. Warrant returned to clerk. The warrant 
with a certificate thereon, verified by oath, which may be 
administered by the clerk of the district, that a copy 
thereof Avas posted, and at wdiat time and place, shall be 
given to the clerk of the district, at or before the time of 

3 



22 MEETINGS AND OFFICERS. 

the meeting, and shall l)e recorded by him in the records 
of the district. — G. L., c. 87, § 5, p. 210, as amended by 
Laws of 1879, c. 57, § 18, p. 369. 

If there is no clerk, an application should be made to the selectmen to 
appoint one. — See § 14, post. 

The form of the warrant when issued by the school board maybe : — 
THE STATE OF NEW HAMPSHIRE. 



To the inhahitants of the school district in the town of , 

qualified to vote in district affairs : 

You are hereby notified to meet at the in said 

district, on the .... day of March, 188 , at . . o'clock in the 
. . . .noon, to act upon the followino- subjects : — 

1. To choose a moderator for the coming year. 

2. To choose a clerk for the ensuing year. 

3. To choose a member of the school board for the ensuing 
three years. 

4. To hear the reports of agents, auditors, committees, or officers 
heretefore chosen, and pass any vote relating thereto. 

5. To choose agents, auditors, and committees in relation to any 
subjects embraced in this warrant. 

6. To see, etc. 

Given under our hands at said this .... dav of 

188 . 



School Board. 



The hour of the meeting should be stated. 

The warrant need not have a seal. — Thompson v. Flanders, 21 N. H., 42.5. 

It will be remembered that at the first election held in the districts com- 
prising the whole town three members of the school board are to be elected, 
one for three years, one for two years, and one for one year, and that articles 
should be inserted in the warrant for the first meeting of the district for the 
election of a member of the school board for three years, a member for two 
years, and a member for one year. 



The posting is to be of a copy attested as follows : — 

School Board. 



A true copy of warrant. 

Attest : ^ 



\ 

The certificate of posting may be as follows : — 

I certify that on the .... day of ,188 ,1 posted 

a copy of the written warrant attested by the school board of said 



MEETINGS AND OFFICERS. 23 

district at the place of meeting within named, and a like attested 
copy at , being a public place in said district. 

H ss ,188 . 

Personally appeared the said , and made oath 

that the above certificate, by .... signed, is true. 
Before me, 

, Justice of the Peace. 

The clerk should record the warrant and certificate of posting, 
and attest the record of each as follows : — 

Received March . . .. , 188 , and recorded. 
A true record. Attest : 

, Ckrh of the District. 

An application to a justice to call an annual meeting may be : — 

To , justice of the peace in the county 

of ••- 

The undersigned, legal voters in the school district in the town 

of , in said county, respectfully represent that 

the school board of said district has neglected to issue a warrant and 
post a copy thereof for the annual meeting of said district for the 
year 18 . . , and they request you to call such annual meeting and 
insert in the warrant for the same the following articles : [Here 
insert articles.] 

Dated at said , this .... day of , 188 . 

[Signers.] 

A warrant upon such application may be : — 

THE STATE OF NEW HAMPSHIRE. 

H ss. 

To the inhabitants of the school district in the toion of , » , , * 

qualified to vote in district affairs : 
Pursuant to an application of this date, by three or more legal 
voters of said district, to me, a justice of the peace of said county, 
by reason of the neglect of the school board of said district to call 
the annual meeting of said district for the year 18. ., you are noti- 
fied to meet at the in said district, on the • • • . 

day of March, 18. . , at . . o'clock in the noon, to act upon 

the following subjects : [ Here insert articles as in the application. ] 

Given under my hand this .... day of , 188 . 

, Justice of the Peace. 



24 MEETINGS AND OFFICERS. 

As an application is essential, it is advised that the warrant show that an 
application was made, and that the application be recorded by the clerk of 
the district, with the warrant. The attestation certificate of posting and rec- 
ord may be as above indicated, with the required changes. 

The application to the school board for a special meeting may be : 

To the school hoard of the school district in the town of : — 

The undersigned, three or more legal voters in said district, 
request you to issue a warrant, and post a copy thereof, for a meet- 
ing of said district, to be held at the in said district 

on the .... day of 18. ., at .... o'clock in the 

noon, to act upon the following subjects : [Here insert 

articles.] 

Dated at said , this .... day of , 188 . 

[Signers.] 

The form of a warrant for such special meeting may be : — 

THE STATE OF NEW HAMPSHIRE. 

To the inhabitants of the school district in the town of , 

qualified to vote in district affah^s : 

Pursuant to an application to me of this date, by three or more 

legal voters of said district, you are notified to appear at the 

in said district on the .... day of , 18. . , at 

.... o'clock in the noon, to act upon the following sub- 
jects : [Here insert articles following the application.] 

Given under our hands at said , this .... day of 

, 188 . 



V School Board. 

The application shoiild be recorded with the warrant. 

The attestation, certificate of posting, and record may be in the form here- 
tofore given. 

If the school board actually call the meeting within ten days, but at a later 
date than the time specified in the application, a justice of the peace may 
call a meeting, upon a proper application.— Denniston v. School District, 17 
N. H.,492. 

The application to a justice for a special meeting may be : — 

To • , a Justice of the peace for the 

county of ; 

The undersigned, three or more legal voters in the school district 

in the town of , in said county, respectfully represent 

that on the ...» day of » last, three or more legal voters 



MEETINGS AND OFFICERS. 25 

in said district made a written application to the school board 
thereof to call a meeting of said district, of which the following is 
a copy : [ Here insert a copy of the application, including the 
names of the signers thereto.] Yet said school board has neglected 
to issue a warrant, and post a copy thereof, for such meeting, and 
more than ten days have elapsed since said application. 

Wherefore they request you to call such meeting at the time and 
place and for the purposes stated in said application. 

Dated at said this .... day of , 188 . 

[Signers.] 

The signers to both applications need not be tlie same. — Simpson v. Orford, 
41 N. H.,22S. 

The warrant under tlie foregoing application may be the same as for call - 
ing the annual meeting by a justice on neglect of the school board, omitting 
the words " the annual meeting of said district for the year 18. . ," and inserting 
instead thereof the words, " a special meeting of said district on the — day 
of ,18 . 

The application should be recorded with the warrant and the attestation, 
certificate of posting and record made, as in other cases as heretofore indi- 
cated. 

§ 7. Voters, who are. Any person, whether male or 
female, hut in all other respects, except sex, qualified to 
vote in town affairs, may vote at school-district meetings 
in the district in which such person has resided and had 
a home three months next preceding such meeting. — 
G. L., c. 87, § 6, p. 210, as amended hv Laws of 1879, 
c. 57, § 18, p. 370. 

No person shall be considered as dwelling or having his home in any town 
for the purpose of voting or being voted for at any meeting, unless he shall 
have resided wathin such town six months next preceding the day of lueeting. 
G. L. c. 2!), § 9, p. 98. 

Six months' residence would be requisite for voting. 

§ 8. Check-list to be used on petition. Upon peti- 
tion of ten legal voters in any district, presented in Janu- 
ary to the prudential committee, he shall make, post, and 
correct a list of the legal voters in the district as select- 
men are required to do in regard to the list of voters in 
their towns; and said list shall he used and checked, at the 
election of officers and otherwise, at the annual meeting 
of the district, as such list may he used in town meetings. 
— a. L., c. 87, § 7, p. 210. 

Selectmen now have no duties to perform relating to check-lists, as by chap- 
ter 30 of the General Laws it is made the duty of the board of supervisors to 



26 MEETINGS AND OFFICERS. 

make out and post up the list of voters of the town. It is assumed that the 
above section refers to supervisors, as the two provisions are contained in the 
General Laws. In town districts, the petition must he to the school board, as 
they perform the duties of prudential committee. 

The petition may be : — 
^0 ...... , school hoard of the school district in the town of. •••••; 

The undersigned, ten and more legal voters in said district, request 
you to make, post, and correct a list of the legal voters in said dis- 
trict as the supervisors of the check-list are required to do in regard 
to lists of voters in their town. 

Dated at said , this .... day of ,188 . 

[Signers.] 

It would be advisable to present the petition to the school board on or be- 
fore the first Tuesday of January. — See § 4, ante. 

The check-list may be : — 

List of voters in the school district in the town of : 

The following is an alphabetical list of all the legal voters in the 

school district in the town of , made and posted by the 

school board of said district on the .... day of ,188 : — 

Names. Names. 

The school board of said district give notice that they will be in 
session, for the purpose of correcting the foregoing list, at the 

in said district, on the .... day of , 188 , 

at . . o'clock in the .... noon, and on the .... day of , 

. . . . , 188 , at . . o'clock in the .... noon. 

Given under our .... hands, at said , this .... day of 

....,188 . 



I 



School Board. 



The check -list should be posted up in two or more public places in the dis- 
trict fourteen days before the day of any election at which such list is required 
to be used. — G. L., c. 30, § 1, p. 99. 

The school board should be in session for the purpose of correcting said 
list two days, at least, before the day of meeting, the last of which must be 
the day preceding the day of meeting. If there are more than six hundred 
legal voters in the district, the first meetmg must be six days before the day 
of election, the hearing adiourned from day to day, and closed on the day be- 
fore the day of election. — G. L., c. 30, § 4, p. 99. 

Before the opening of the meeting, the school board should sub- 
scribe and make oath to the following certificate upon the back of 
the foregoing corrected list : — 



MEETINGS AND OFFICERS. 27 

We, the undersigned, school board of the school district in said 

town of , do solemnly swear, that, according to our best 

knowledge, the within list contains the names of those persons only 
who are, by actual residence, legal voters in said district. So help 
its God. 

- School Board. 

) 

, ss , 188 . 

Then the above named, , and , and 

, took and subscribed the foregoing oath. 

Before me. 

Justice of the Peace. 

An attested copy of the foregoing check-list, as corrected, with the return 
thereon, should be lodged Avith the clerk of the district on the day of the 
meeting, and before the opening thereof. 

The form of the certificate may be : — 

We hereby certify that the foregoing is a true copy of the check- 
list, duly made and posted in said district as corrected by us. 

- School Board. 



The safe course, when there is a check-list, is to use it in tlie election of all 
officers, and in the transaction of ail business. 

§ 9. Check-list used on vote. If any district, at an 
annual meeting, shall vote that a check-list shall he used 
at future meetings, such check-list shall be so made, 
posted, and corrected, and used at all meetings while such 
vote remains in force. — G. L., c. 87, § 8, p. 210. 

§ 10. Illegal voting punished. If any person under 
the age of twenty-one years, or any alien not naturalized, 
or any person who has not resided and had his home in 
the district for one month and in the town six months 
preceding, shall vote in any district meeting, or if any 
person shall give in more than one vote for any officer 
voted for at such meeting, he shall he fined not exceeding 
thirty dollars, or imprisoned not exceeding three months. 
— G.L., c. 87, §9, p. 210. 



28 MEETINGS AND OFFICERS. 

§ 11. Officers of districts. The officers of a district 
shall be a moderator, a clerk, and prudential committee 
not exceeding three, who shall he adult citizens of the 
district ; shall he chosen hy ballot by a plurality of votes, 
and may be either male or female ; shall be sworn, and 
shall hold their offices for one year, or until others are 
elected or appointed and qualified in their stead. — G. L., 
c. 87, § 10, p. 210, as amended by Laws of 1879, 
c. 57, § 19, p. 370. 

Ill the town district, under tlie Laws of 1885, chapter 43, there is no pruden- 
tial committee, tlie school board taking the place of such committee, one 
member of said school board being chosen each year for the term of three 
years. At the first meeting of the district three members are to be chosen, 
one for three years, one for two years, and one for one year.— See c. 5, § \,i)ost. 

The offices of prudential committee and auditor are incompatible. A per- 
son Avho is elected to both offices at the same meeting, and accepts the latter, 
thereby declines the former. — Cotton v. Phillips, 56 N. H., 220. 

As tlie school board perform the duties of prudential committee, the same 
rule would apply to them. 

§ 12. Moderator's powers. The moderator of a 
school district shall have the like power and duty as a 
moderator of a town meeting to conduct the business and 
to preserve order, and may administer oaths to district 
officers and others, when oaths are required in the district 
business. In case of a vacancy or absence, a moderator 
may be chosen at any meeting. — G. L., c. 87, § 11, 
p. 210. 

No person chosen oi- appointed to any public office, under any law, shall 
exercise such office or perform any act therein until he shall have taken the 
oath of office therefor. — G. L., c. 18, § 4, p. 77. 

The oath of office is as follows: — 

You do solemnly swear that you will faithfully and impartially 
discharge and perform all the duties incumbent on you as a . ^ , . . . , 
according- to the best of your abilities, agreeably to the rules 
and regulations of the constitution and laws of the state of New 
Hampshire. So Itelp you God. — G. L., c. 41, § 2, p. 119. 

The powers and duties of a moderator of town meeting are as follows: — 
The moderator shall preside in and regulate the business of the meeting; 
may prescribe rules of proceeding, which may be altered by the town; shall 
decide all questions of order, and make a public declaration of all votes 
passed. — G. L., c. 30, § 3, p. 116. 

The rules of parliamentary law, so called, are not in force for the govern- 
ment of town meetings, except so far as prescribed by the moderator, sub- 
ject to alteration by the town. — Hill v. Goodwin, 56 N. H., 441. 



MEETINGS AND OFFICERS. 29 

When any vote, other than by ballot, declared by the moderator or other 
officer presiding, shall immediately, and before any other business is com- 
menced, be questioned by seven or more of the voters present, the moderator 
or other officer presiding shall make the vote certain by a poll of the voters. 
If any moderator or other officer presiding shall willfully neglect or refuse to 
make any vote certain by a poll of the voters, when required as aforesaid, or 
shall willfully violate orneglect to enforce any rule of proceeding which shall 
have been established by vote of the towii or otherwise, he shall, for each 
otTense, be lined not exceeding five hundred dollars, or be imprisoned not ex- 
ceeding six months. — G. L., c. 39, § 4, p. 116. 

No person shall speak in any meeting without leave of the moderator, nor 
when any person is orderly speaking ; and all persons shall be silent at the 
desire of the moderator, on pain of forfeiting one dollar for each oft'ense, for 
the vise of the town. — G. L., c. 39, § (J, p. IKJ. 

If any person shall conduct in a disorderly manner, and, after notice from 
the moderator, persist therein, or shall in any way disturb the meeting, or 
willfully violate any rule of proceeding, the moderator may command any 
constable or any legal voter of the town to remove such disorderly person 
from the meeting, and detain him until the business is finished. — G. L., c. 39, 
§7, p. 116. 

Every constable shall obey the orders and commands of the moderator for 
the preservation of order, and may command such assistance as is necessary ; 
and if any constable neglect to perform any of the duties imposed by this 
chapter, he shall forfeit forty dollars, for the use of the town. — G. L., c.39, § 8, 
p. 116. 

§ 13. Clerk's duties. The clerk shall keep a true and 
attested record of all the doing's of each meeting ; shall 
deliver to the selectmen a certitied copy of every vote to 
raise money, within ten days; shall make and certify cop- 
ies of any votes, ^\dien required and payment therefor is 
tendered; and shall have the same power to administer 
oaths as the moderator ; and if, at any meeting, the mod- 
erator is absent, or if his office has become \'acant, the 
clerk shall act as a moderator nntil a moderator 2>^^o teyn- 
jwre shall be chosen ; and, if the clerk is absent, a clerk 
jyro tempore shall be chosen; and it shall not be deemed 
necessary to the choice of such officers 2)ro tempore that an 
article shall have been inserted in the warrant for that 
purpose; and the choice shall be by ballot and a plurality 
of votes. — G. L., c. 87, § 12, pp. 210, 211. 

It is the duty of the clerk to record the votes as publicly declared by the 
moderator. His duty in this respect is purely ministerial. —Hill r. Goodwin, 
56N. H., 441. 

The clerk is to certify a vote for raising money, although the meeting may 
have adjoui-ned to a time beyond ten days. — Mitchell v. Brown, IS N. H., 315. 

The certificate of the record of a vote to raise money may be : — 

To the selectmen of the toion of A ; 

At a meeting of the legal voters of the school district in the town 



30 MEETINGS AND OFFICERS. 

of , on the .... day of ,188 , at the in said 

district, at . . o'clock in the . . . .noon : 

The meeting was called to order by , moderator [or 

clerk]. 

Voted to raise the sum of .... thousand dollars for building a 
new schoolhouse, and procuring land and suitable furniture and ap- 
paratus and needful conveniences therefor. 



A true record. 
Attest : 



Clerk of District. 

A true copy of record. 

Attest : 

Clerk of District- 

The warrant and certificate of posting should first be recorded by 
the clerk ; then the record of the proceedings of the meeting may be : — 

At a meetinsr of the inhabitants of the school district in the 

town of , qualified to vote in district affairs, holden at 

, in said district, on the .... day of . . . . , 188 , at . • 

o'clock in the .... noon : 

The meeting was called to order by , 

moderator [or clerk], and proceeded to the transaction of business 
as follows : — 

1. The whole number of tickets given in for moderator was one 
hundred ; upon which — 

A B had twenty votes ; 

C D had thirty-five votes ; 

E F had forty-five votes ; and the said E F was declared elected 
moderator, and in open meeting took the oath of ofiice by law pre- 
scribed. 

2. The whole number of tickets given in for clerk was one hun- 
dred ; upon which — 

G H had thirty votes ; 

J K had thirty votes ; 

L M had forty votes ; and the said L M was declared elected 
clerk by the moderator, and in open meeting took the oath of office 
by law prescribed. 

3. The whole number of tickets given in for member of the 
school board was one hundred ; upon which — 

N had eight votes ; 

P R had thirty-six votes ; 



MEETINGS AND OFFICERS. 31 

S T had sixty-two votes ; and the said S T was declared elected a 
member of said school board by the moderator, and in open meet- 
ing took the oath of office by law prescribed. 

4. Voted to raise the sum of thousand dollars to build a 

new schoolhouse, and procure land and suitable furniture and 
apparatus and needful conveniences therefor. 

[Here insert all other votes, care being taken to make the record 
an accurate and intelligible account of the entire proceedings of the 
meeting.] 

5. Voted to adjourn this meeting until the .... day of , 

188 , at ... .o'clock in the ....noon, at the in said 

district [or, Voted that this meeting adjourn]. 

A true record. 
Attest : 

R S, Clerk of said District. 

§ 14. Vacancies, how filled. If a vacancy shall occur 
in the office of clerk or prudential committee, from any 
cause, the selectmen, upon application of one or more 
voters in such district, shall fill such vacancy ; and the 
officers thus appointed shall hold their offices until new 
ones are legally chosen and qualified. — G. L., c. 87, § 13, 
p. 211. 

A vacancy in the school hoard of the town district is filled by the remain- 
ing members of the hoard until the next annual meeting of the district. — 
Laws of 1885, c. 43, § 4, p. 253. (-The above section, therefore, applies in such 
districts only to the otiice of clerk.) 

A vacancy may exist when the prudential committee or other officer 
removes from the district. — Giles v. School District, 31 N. H.. 304. 

Vacancies may also occur by the deatli or resignation of the incumbent. 

The application to selectmen to fill a vacancy may be : — 

To the selectmen of the town of ; — 

The undersigned, legal voters in the school district in said town, 
respectfully represent that there is a vacancy in the office of clerk 
in said district, and they request you to fill such vacancy. 

Dated at said , this .... day of , 188 . 

[Signers.] 

The appointment may be : — 

To , of the school district in the town of 



Whereas, there is a vacancy in the office of clerk in said district. 



32 MEETINGS AND OFFICERS. 

and an application has been made to us by one or more legal voters 
of said district to fill such vacancy, we, having confidence in your 
ability and fidelity, hereby appoint you clerk of said district ; and 
upon your taking the oath of office, and having this appointment 
and the certificate of said oath recorded in the records of said dis- 
trict, you shall have the powers, perform the duties, and be subject 
to the liabilities of said office. 

Witness our hands, this .... day of 188 . 

^ Selectmen 

H ss , 188 . 

Then appeared , and took the oath of 

office by law prescribed. 

Before me, 

Justice of the Peace. 

The provisions of the following eight sections relate to districts organized 
under special acts of the legislature and are not applicable to town districts 
wherein the school board has all the powers of superintending and pruden- 
tial committees. 

§ 15. Prudential committee's duties. The prudential 
committee shall select and hire teachers for the district, 
provide them hoard, furnish necessary fuel, make such 
occasional rep)airs of the schoolhouse and furniture as 
may be necessary, not exceeding in amount five per cent 
of the school money of the distri-ct, notify the superin- 
tending school committee of the commencement and close 
of the schools, and give them such information and assis- 
tance as may he necessary for the performance of their 
duties. — G. L., c. 87, § 14, p. 211.* 

§ 16. Prudential committee may be dismissed. Any 
member of a prudential committee may be dismissed 
from office by the selectmen, by a written notice in hand 
or left at his abode, upon petition of one fourth of the 
legal voters of the district, alleging that he is incompe- 
tent, irresponsible, or mismanages the affairs of the dis- 
trict, upon four days' notice to the committee of such 

* Applies to districts organized under special acts of the legislature. 



MEETINGS AND OFFICERS. 33 

petition, and a hearing thereon. — G. L., c. 87, § 15, 
p. 211.* 

§ 17. Board of education for school districts hav- 
ing FIFTY SCHOOL-CHILDREN. Any Other school district 
[other than one composed of the whole town] in any 
town of the state, which may so elect, and in wdiich there 
are fifty children of school age, or Avhich may support a 
puhlic school during not less than thirty weeks in each 
year, or a graded school during not less than twenty-four 
weeks in each year, is hereby authorized, at any legal 
meeting duly notified and holden for the purpose, to 
choose, by ballot and by a major vote of the qualified 
voters of the district, a board of education. — G. L., 
c. 87, § 17, p. 211.* 

§ 18. Board of education, how constituted. Such 
board of education shall consist of three, six, or nine per- 
sons, having the legal qualifications prescribed by law for 
prudential and school committees, one third of whom 
shall hold ofiice for one year, one third for two years, and 
one third for three years from the time of the annual 
meeting in such district, and until others are duly chosen 
and qualified in their stead; the term of ofiace of each to 
be determined by lot at the first meeting of the board, 
and a record thereof made. One third of said board shall 
be chosen at every annual meeting of the district after 
the first choice thereof, as aforesaid, by ballot and by 
major vote of the qualified voters of the district present 
and voting, to fill the vacancy that will annually occur by 
the expiration of ofiftce of one third of the incumbents, 
and to hold ofiice for three years, and until others are 
chosen and qualified in their stead. Any vacancy occur- 
ring from any other cause may be filled in like manner at 

Applies to districts organized under special acts of the legislature. 



34 MEETINGS AND OFFICERS. 

a special meeting held for the purpose, otherwise at the 
next annual meeting ; and the person chosen to fill such 
vacancy shall hold ofiice during the unexpired term, and 
until another shall he duly chosen and qualified in his 
stead. — G. L., c. 87, § 18, pp. 211, 212.* 

§ 19. Powers of board of education. Any board of 
education elected according to the provisions of this 
chapter shall have the care and custody of all the property 
belonging to the district, shall employ teachers and fix 
their compensation, shall have the control and manage- 
ment of the schools of the district, and examine and allow 
all claims arising therefrom, and generally shall have and 
enjoy all the power and authority, and perform all the 
duties by law pertaining to the oflices of prudential and 
school committees. — G. L., c. 87, § 19, p. 212.* 

§ 20. May contract with each other or with acad- 
emy. The boards of education of adjoining towns, cities, 
or districts, may contract with each other, or with any 
academy, seminary, or college, incorporated under the 
laws of the state, for the education of scholars in such 
towns, cities, or districts, upon such terms and conditions 
as they may agree upon. — Laws of 1885, c. 89, § 2, 
p. 286.* 

§ 21. Organization and compensation. Said boards 
shall be sworn to the faithful performance of their duties, 
shall choose a president and secretary of their own num- 
ber, and shall hold meetings as often as may be necessary 
for the discharge of their duties ; and the secretary shall 
keep a record of all their proceedings in a book kept for 
that purpose at the expense of the district. They shall 
receive no compensation for their services except such 

* Applies to districts organized under special acts of the legislature. 



MEETINGS AND OFFICERS. 35 

sums as the towns in which such boards are created may 
allow them for performing the duties of school commit- 
tees within the districts for which they are chosen, which 
sums may be apportioned among them according to the 
services rendered by each member in that capacity. — 
G. L., c. 87, § 20, p. 212.* 

§ 22. Report to be made to district by board or 
AGENT. A report of receipts and disbursements during 
the year shall be made to the district at every annual 
meeting by said boards, or by such member of the board 
as they may appoint to act as treasurer, and if they so 
elect, to act as agent in providing fuel, furniture and other 
necessaries for the accommodation of the various schools 
of the district, who shall receive such compensation as 
the district may determine. — G. L., c. 87, § 21, p. 212.* 

§ 23. Annual report to town or school committee, 
IN WHAT CASES. It sliall be the duty of said boards, in 
cases where the district is composed of the whole town, 
to make a report to the town, and in other cases to the 
school committees of the towns in which such boards 
have been organized, on or before the first day of March 
of each year, containing such facts as said school commit- 
tee shall by law be required to report to the towns, and 
such other information as said school committee shall 
have occasion to use in making any report required by 
law to be made. — G. L., c. 87, § 22, p. 212.* 

* Applies to districts organized under special acts of tlie legislature. 



36 



SCHOOLHOUSES. 



CHAPTER lY. 



SCHOOLHOUSES. 



Section 

12. Selectmen to set ofi school lot, 

when. 

13. Title of lot to vest in district, 

when and how long. 

14. Selectmen to build schoolhouse, 

when. 

15. Schools, where to be kept. 

16. District may grant use of school- 

liouse for what purposes. 

17. Barbed-wire fencing next school 

lots, penalty for. 

18. Whom to prosecute for such of- 

fense. 

19. Schoolhouse taxes, how as- 

sessed. 

20. New invoice made, when. 

21. Collector's duty on assessment 

after July 1. 



Section 

1. Districts may raise money for 

houses and lots. 

2. May locate schoolhouses. 

3. Powers of committee of district 

limited. 

4. School board to locate school- 

house if voters aggrieved. 

5. Also, if district does not agree. 

6. County commissioners to locate, 

when. 

7. Proceedings before county com- 

missioners. 

8. Fees of county commissioners. 

9. Vacancies in commissioners, 

how filled. 

10. Schoolhouse lots may be en- 

larged, how. 

11. Selectmen to appraise lot on 

neglect of district. 

§ 1. Districts may raise money for schoolhouses. 
Any district, at a legal meeting holden for the purpose, 
may raise money for building, purchasing, renting, re- 
pairing, or removing such schoolhouses and outbuildings 
as the wants of the district require, procuring land for 
a new schoolhouse lot, or to enlarge existing lot, and pro- 
viding suitable furniture and apparatus, and needful 
conveniences therefor. — G. L., c. 88, § 1, p. 213. 

A school-district meeting cannot act excepting upon articles distinctly 
stated in the warrant. — Holbrook v. Faulkner, 55 N. H., 311. 

The article in the warrant may be : — 

To see what sum or sums of money the district will raise, by 
taxation or otherwise, for building, purchasing, renting, repairing, 
or removing such schoolhouses and outbuildings as the wants of 
the district require, procuring land, and providing suitable furniture 
and apparatus and needful conveniences therefor, and to procure and 
pay for insuring its buildings and property against fire, and to choose 
all necessary committees and agents therefor. 

The vote should set forth specifically and distinctly the will of the district. 

§ 2. Districts may locate schoolhouses. The district 
may decide upon the location of their schoolhouses, by 



SCHOOLHOUSES. 37 

vote or by a committee appointed for that purpose, and 
purchase or procure land for the same, and may choose 
committees with powers to carry their votes into eifect. 
~G. L., c. 88, §2, p. 213. 

The vote, when the district locates, may be : — 

Voted to locate a schoolhouse on a lot of land in said district, 
owned by A B, bounded and described as follows : Beginning at 
a stake on the land of A B, on the westerly side of the highway, 

leading from to , thence running westerly 

rods on the land of E F, to a stake and stones, thence running- 
southerly rods to a stake and stones, thence easterly 

rods to a stake and stones on said highway, thence running northerly 

rods on said highway to bound begun at, — containing half 

an acre of land ; and to pay A B, the owner thereof, the sum of 
fifty dollars therefor. 

When the district locates by a committee, the vote may be : — 

Voted, that A, B, and C be a committee to decide upon a location 
for a schoolhouse in said district, and purchase or procure land for 
the same. 

Under this vote the action of the committee is final. 

A majority of the committee may act. — Keyser v. District, 35 N. H., 477. 

The report may be : — 

To the school district , m the town of ; 

The undersigned, a committee chosen at a meeting of said district, 

duly called and held therefor on the day of ....... 188 , to 

decide upon the location of a schoolhouse in said district, and pur- 
chase and procure land for the same, have attended to the duty as- 
signed them, and have located the same upon a lot of land, being a 

part of the homestead farm of M , in said district, bounded 

and described as follows : Beginning at a stake and stones on said 
homestead farm, on the southerly side of the highway leading from 

to , thence running south ten rods to a white oak 

tree, spotted on the northerly side, thence running east eight rods 
to a stake and stones, thence running north ten rods to a stone post, 
and thence running west on said highway to the bound begun at, — 

containing half an acre of land ; and have taken from said , 

the owner thereof, and his wife, ....... a homestead quitclaim 



38 SCHOOLHOUSES. 

deed of said lot, in common form, to said school district, the same 
being a gift from said owner to said district. 

Dated at , this .... day of ,188 . 



Committee. 



Form of vote when the committee is advisory : 



Voted, that A, B, and C be a committee to examine and report 
upon the location of a schoolhouse in said district, and the purchase 
or procuring of land for the same. 

The action of the committee does not become the act of the district until 
adopted in open meeting duly held therefor. 

Form of report : — 

To the school district in the town of : 

The undersigned, a committee duly chosen at a meeting of said 

district, duly called and held therefor on the day of • , 

188, to examine and report upon a location for a schoolhouse in 
said district, and the purchase or procuring of land for the same, 
have attended to the duty assigned them, and report, that in their 
judgment the best interests of said district will be promoted by 
locating the same upon a piece of land in said district, owned by A 
B, bounded and described as follows : Beoinnino' at a stake and 

Stones on the north side of the highway leading from to 

• at the southwest corner of said field, thence running north 

on the land of C B, rods to the land of E F, thence run- 
ning east on land of said E F, rods to a stake and stones, 

thence running south rods to' a stake and stones standing on 

said highway, thence running west on said highway rods to 

the bound begun at, — containing half an acre ; and that , 

the owner thereof, has, by a contract in writing, under seal, executed 
by him, agreed to convey the same to said district, if the district so 
elect, within thirty days from the date thereof, by a homestead war- 
ranty deed, in common form, for the sum of dollars, 

dollars thereof to be paid on the delivery of said deed, and the 
remainder in six months thereafter. 

Dated at , this .... day of ,188 . 



Committee. 



The vote upon the foregoing report may be 



SCHOOLHOUSES. 39 

Voted, to adopt the report of said committee, and instruct them 
to take a deed of said land to said district, upon the terms therein 
set forth. 

The report should be recorded at length by the clerk of the district, and be 
kept upon file. 

§ 3. Powers of committee limited. No committee 
shall have power to bind the district beyond the amount 
of money voted by the district, and the district shall not 
be bound by any act, as a ratification of the doings of such 
committee beyond their authority, unless by express vote 
of the district at a meeting called for that purpose. — 
G. L., c. 88, § 3, p. 213. 

§ 4. Voters aggrieved by location, school board 
DECIDE. If any three or more of the voters of a district 
are aggrieved by the location of any schoolhouse by the 
district or its committee, they may apply, by petition, to 
the school committee [school board], who shall hear and 
determine the location thereof. — G. L., c. 88, § 4, p. 213. 

As the school board have all the powers of school committees, the applica- 
tion should be to them. — Laws of 1885, c. 43, § 4. 

The following provisions of the General Laws, relating to hearings before 
town and district officers, are inserted in this place for convenience of 
reference :— 

On petition to the selectmen for the laying out or altering of highways, for 
laying out schoolhouse lots or other lands for public use. and generally for 
the purpose of deciding any question affecting the conflicting rights or claims 
of different persons, their proceedings shall be governed by the following 
rules: — 

They shall appoint a time and place of hearing, and order notice of such 
petition and hearing to be given to all persons whose property or rights may 
be directly atfected by such proceeding, by giving to them, or leaving at 
their abode, an attested copy of such petition and order, fourteen days before 
such hearing. If the owner is a person under guardianship, notice shall be 
given in the same manner to his guardian. If such owner is a minor, or a 
person under any legal disability, the judge of probate may appoint a guar- 
dian for such person, to whom notice shall be given.— G. L., c. 43, §§ 1, 2, p. 122. 

Notice shall be given to all other persons interested by posting a like copy, 
if it affect a town, at the usual place of the town meeting, or, if it affect a 
school district, on the door of the schoolhouse therein, if any; otherwise, in 
one or more public places in the district, and by leaving a like copy at the 
abode of the clerk of the town or district respectively, the like time before 
the hearing. The notice prescribed in this section shall be sufficient for all 
hearings before town officers in relation to the division or union of school 
districts; and in such cases further personal notice shall not be required. — 
G.L.,c. 43, §3, p. 122. 

They shall hear all parties who desire to be heard, and examine all parties 
and witnesses imder oath, which eitlier of such selectmen may administer, 
may adjourn when they deem it necessary, and shall make their decision in 
writing, and cause the petition, order of notice, evidence of service, and 
their decision in writing to be recorded at length upon the town records, and 
file the original papers there ; and their decisions shall be of no force or effect 
until the same is done. — G. L., c. 43, § 4, p. 122. 



40 SCHOOLHOUSES. 



The same rules shall apply to and govern the proceedings of fence-viewers, 
school committees, committees appointed by the selectmen, and all town 
officers when they are applied to or appointed to decide any question affect- 
ing the rights or claims of individuals, saving that other or shorter notice, 
when required or allowed by statute, shall be sufficient. — G. L.,c. 43, § 5, p. 122. 

The decision of such selectmen, fence-viewers, school committee, and other 
committees and town officers, shall be binding and conclusive upon all par- 
ties for the term of five years, unless an appeal shall be prosecuted there- 
from in cases allowed by law. — G. L., c. 43, § 6, p. 123. 

A report against a laying out has never, to my knowledge, been held to be 
an estoppel, or conclusive against a new petition. — Gushing, C. J., in North- 
ern Railroad v. Enfield, 57 N. H., 510. 

No selectman or other officer shall act, in the decision of any such case, who 
would be disqualified to sit as a juror in the trial of a civil' action in which 
any of the parties interested in such case was a partj', from any cause except 
exemption from service as a juror. — G. L., c. 43, § 7, p. 123. 

When any selectman or school committee shall be disqualified from acting 
under the provisions of section 7 of chapter 4S of the General Laws, a mem- 
ber of the board of selectmen or school committee of an adjoining town may, 
on request of the petitioners, act in place of the selectman or school commit- 
tee so disqualified; .... Laws of 1883, c. 103, § 1, p. 82. 

The genei'al causes of disqualification appear in the following section :— 

Any .luror may be required by the court, on motion of any party in the 
cause to be tried, to answer upon oath whether he expects to gain or lose by 
the issue of the cause; whether he is related to either party; whether he has 
advised or assisted either party, or directly or indirectly given his opinion, 
or has formed any opinion; or is sensible of any prejudice in the cause; or 
whether any one of the counsel in the cause is employed by him in any 
action then pending in said court ; and if it appears that any juror is not 
indifferent, he shall be set aside on that trial. — G. L., c. 213, § 23, p. 496. 

If any member of the board is related to any of the parties, wathin the 
fourth degree, he is disqualified; an uncle or a brother-in-law cannot act. — 
Sanborn v. Fellows, 22 N. H., 473, 485. 

The statute includes parties in interest. 

The question as to whether or not any member is disqualified, must, in the 
first instance, be determined by the board. Their decision, however, may be 
corrected on certiorari, but not in general upon a bill in equity. — Lane v. 
Morrill, 51 N. H., 422. 

Objections that any member of the board is disqualified, or has not taken 
the oath of office, if known to the party or his counsel, must be taken at the 
earliest practicable opportunity at the hearing, or they will be considered 
waived. — School District v. Carr, 55 N. H. , 452. 

The place of such selectman or person so disqualified shall be supplied by 
those who are qualified to act, by the appointment of a qualified person who 
has heretofore bolden the same office in the town, or, in the case of commit- 
tees, by a new appointment. If in any case the whole board is disqualified, 
the selectmen shall, in writing, so inform some justice of the supreme court, 
wlio shall thereupon, with or without notice, appoint a new board for that 
case from qualified persons who have before holden the same office, if such 
there be, otherwise from qualified persons, residents of another town, who 
have holden the same office. — G. L., c. 43, § 8, p. 123, as amended by Laws of 
1881, c. 16, p. 449. 

The purpose of the f ramer of the last clause clearly was, where the whole 
board, and all others in town who had held the same office, were disqualified, 
to secure the appointment, by a judge, of some qualified person in a neigh- 
boring town who had held the same office. 

The form of appointment, by the members or member of the 
board qualified to act and jurat, may be : — 



To ......... o/' the toivii of. 

Whereas, , one of the selectmen [or school 

board] of said town of , [or district] is disqualified to act on 

the trial of the petition of and others 

for , now pending before the , because he is inter- 



SCHOOLHOUSES. 41 

ested in the event of said trial by reason of his being a 

[ or is the father, son, brother, uncle, brother-in-law, etc., of 

, one of the parties to said proceedings. Here set forth any 

other of the numerous causes of disqualification], we, the remain- 
ing member of said board qualified to act, hereby appoint you, a 
qualified person who has heretofore held the same office in the 
town, to act in his stead. 

Witness .... hand, this .... day of . . . . , 188 . 

>■■•;;■•• 



H ss 188 



] 



Then appeared the above named , and took 

the oath of office by law prescribed. 
Before me. 



Justice of the Peace. 

The appointment and jurat should be appended to the report, and recorded 
•with it as a part of the proceedings. 

Where the whole board is disqualified, the certificate of the 
selectmen to one of the justices of the supreme court may be : — 

To , one of the justices of the supreme court : 

The undersigned, selectmen of , in the county of , 

hereby inform you that the petition of ........ and 

others, for , is now pending before the ...... of ; 

that said , is interested in such petition and 

disqualified to act thereon [here set forth any of the numerous other 

causes of disqualification] : — 

Wherefore we certify the same to you as provided by law, so that 

you may appoint a new board for said case from quahfied persons 

who have before held the same office. 

Given under our hands, this .... day of ,188 . 

") Selectmen 



\ ...:{, 



The appointment and jurat may be : — 

H , ss , 188 . 

To , of the town of , in the county 

of ; 



42 SCHOOLHOUSES. 

Upon due notice to all parties interested, and upon consideration 
of the foregoing certificate and the proofs, you are hereby ap- 
pointed , as a new board for said case. 



Justice of the Supreme Court. 
H , ss , 188 . 

Then appeared the above named , and took 

the oath of office by law prescribed. 
Before me, 

i , Justice of the Peace. 

When two members of the hoard are disqualifiefl, an appointment of a sub- 
stitute by all three is invalid ; but when only two of the board are disquali- 
fied, the qualified member may fill the vacancies. — Northern Railroad v. 
Enfield, 57 N. H., 508. 

A notice issued by a board consisting of three is not invalid because one 
member of the board is disqualified by reason of his residence in one of the 
districts to be afi"ected. — Fifield v. Swett, 56 N. H., 432. 

The petition to the school board where the voters are aggrieved by 
the location of a schoolhouse may be : — 

I'o the school hoard of the school district in the town of ; 

The undersigned, three or more legal voters in the school district 
in said town, respectfully represent, that a lot of land, described as 
follows [here insert boundaries and description], has been decided 
upon by said district for the location of a schoolhouse for said dis- 
trict. Your petitioners are aggrieved by the location of said school- 
house, and request you to determine the location thereof. 

Dated at said . . . . , this . . . . day of . . . . , 188 . 

[Signers.] 

The order of notice may be : — 

A hearing upon the foregoing petition is hereby appointed at 

, in said district, on the .... day of .... next, at . . 

o'clock in the .... noon ; and it is ordered that the petitioners give 
notice of said petition and hearing to said district by posting an 
attested copy of said petition, and this order thereon, on the door 
of the schoolhouse of said district (and in two public places in said 
district), fourteen days at least before said day of hearing, and leav- 
ing a like copy at the abode of the clerk of said district a like time 
before the said day of hearing. 

Given under our hands, this .... day of . . . ., 188 . 

I School Board. 



SCHOOLHOUSES. 43 



The attestation, return, and jurat may be : — 

A true copy. 

Attest : . . . . 



I certify, that on the .... day of ...., 188 , I posted an 
attested copy of said petition and order on the door of the school- 
house (and at and being two public places) in the 

school district within mentioned, and on the same day I left a like 
copy at the abode of , the clerk of said district. 

H , ss , 188 . 

Then appeared and made oath that the 

above certificate by him signed is true. 
Before me, 



Justice of the Peace. 



The final order may be : — 

Upon the foregoing petition, we appointed a hearing, and gave 
notice thereof as aforesaid, and on the .... day of ...., 188 , 
at .... o'clock in the . . . .noon, at . . . . , in said district, the time 
and place appointed, [here insert the names of those who appeared 
as parties] appeared as parties ; and, having heard all parties inter- 
ested who attended and desired to be heard, and all evidence offered 
by them, and examined them and their witnesses under oath, we 
find that the lot of land described in said petition has been decided 
upon by said district [or, by a committee of said district] for the 
location of their school house ; and that the petitioners, being three 
or more legal voters in said district, are aggrieved by such location, 
and we therefore determine that the location of said schoolhouse 
shall be upon a lot of land in said district bounded and described as 
follows : [Here insert boundaries and description.] 

Given under our hands, at . . . . , this .... day of . . . . , 188 . 



' Sclujol Board. 



The law requires that notice of matters affecting the district shall be given 
by posting an attested copy of the notice at the door of the schoolhouse 
therein, if any, and leaving a like copy at the abode of the clerk of the dis- 
trict. As each town now is as ingle district containing more than one school- 
house. It would seem advisable that additional copies of the notice should be 
ordered posted in one or more public places in the district, or at the door of 
each schoolhouse in the district. 



44 SCHOOLHOUSES. 

The form of record maj' be : — 

Received and recorded ,18 , at .. o'clock in the 

.... noon. 

A true record. 

Attest : , 

Town Clerk. 

If the decision is adverse, the report, after the word " oath " may be: "We 
find that said petitioners are not aggrieved by such location, and we there- 
fore make no change." 

§ 5. School board to locate if district do not agree. 
If at a meeting duly holden for the purpose, the district 
do not agree upon a location for a schoolhouse, or upon a 
committee to locate the same, the school committee 
[school board], upon petition of three or more voters, 
shall determine the location. — G. L., c. 88, § 5, p. 213. 

The petition may be : — 

To the school hoard of the school district in the toivn of , , . , , » : 

The undersigned, three or more legal voters of the school district 
in said town, respectfully represent that, at a meeting of said dis- 
trict, duly held therefor on the .... day of ,188 , 

the district failed to agree upon a location for a schoolhouse for the 
use of said district, or upon a committee to locate a schoolhouse for 
the use of said district; wherefore the undersigned request you to 
determine the location thereof. 

Dated at said , this .... day of . . . . , 188 . 

[Signers. ] 

The order of notice, attestation, return, and jurat may be as previously 
given. 

The final order may be : — 

Upon the foregoing petition, we appointed a hearing, and gave 

notice thereof as aforesaid, and on the .... day of ,188 , 

at .... o'clock in the ....noon, at , in said district, the 

time and place appointed, [here insert the names of those who 
appeared as parties] appeared as parties ; and, having heard all par- 
ties interested who attended and desired to be heard, and all evidence 
offered by them, and examined them and their witness under oath, 
we find that, at a meeting duly held to act upon the subject, said 
district failed to agree upon a location for a schoolhouse in said dis- 
trict, or upon a committee to locate the same, as stated in said peti- 



SCHOOLHOUSES. 45 

tion, and said petitioners are three or more legal voters of said dis- 
trict ; — we therefore determine that said location shall be upon a 
lot of land in said district bounded and described as follows : [Here 
insert boundaries and description.] 

Griven under our hands, at , this .... day of , 

188 . 



- School Board. 

The form of record may be : — 

Received and recorded , 188. . , at .... o'clock in the 

. . .noon. 
A true copy. 

Attest : , 



Town Clerk. 

If the decision be adverse, the repoit after the word " oath " may bo : " We 
find that said petitioners are not aggrieved by such location, and we thei*e- 
fore make no change." 

§ 6. Voters aggrieved may apply to county commis- 
sioners. If any ten or more voters of a school district 
are aggrieved by the location of any schoolhouse by the 
district or its committee, or by the superintending school 
committee [school board] upon proceedings before them 
for that purpose, they may apply by petition to the county 
commissioners, who shall hear and determine the location 
thereof. — G. L., c. 88, § 6, p. 213. 

§ 7. Proceedings before county commissioners. When 
any such petition is presented to the county commission- 
ers, they shall appoint a time and place of hearing there- 
on, which place of hearing shall be within the district 
wherein the schoolhouse is to be located, and shall give 
notice of the time and place so appointed, by causing a 
copy of the petition presented to them and of the order 
of notice made by them thereon to be posted on the out- 
side of the outer door of each schoolhouse in the district, 
if there be any in the district, and if not, in one or more 
public places in the district, at least fourteen days before 



46 SCHOOLHOUSES. 

the time so appointed, and by causing a like copy to be 
given to or left at the usual place of abode of the clerk 
and prudential committee [school board] of the district, 
a like time before the time appointed for the hearing, and 
they may adjourn said hearing from time to time, not ex- 
ceeding sixty days in all. They shall hear all parties 
residing in the district or having any interest in the sub- 
ject-matter of the hearing who may desire to be heard, 
and shall make their decision in writing and file the same 
with the clerk of the district. While proceedings as 
aforesaid are pending before the county commissioners, 
no steps shall be taken by the district or any officers or 
parties whomsoever to carry into effect any former loca- 
tion of the schoolhouse.— G. L., c. 88, § 7, pp. 213, 214. 

§ 8. Fees of county commissioners and how paid. The 
fees of the county commissioners for their services on 
petitions relating to the location of schoolhouses, shall be 
the same as on petitions relating to highways; and for 
making such locations shall be paid by the districts in 
which they are made, and school districts are hereby 
authorized to raise money to pay such fees the same as to 
pay other debts of the district. — G. L., c. 88, § 8, p. 214. 

The petition may be : — 

To the count?/ co7ninissioners for the county of ; 

The undersigned, being ten and more legal voters in the school 
district in the town of , in said county, respectfully repre- 
sent that a lot of land, bounded and described as follows [here 
insert boundaries and description as given in the location appealed 
from], has been decided upon by said district [or, " by a committee 
of said district," or, " by the school board of said district," as the 
case may be] for the location of a schoolhouse for said district, and 
that your petitioners are aggrieved by such location. They there- 
fore request you to determine the location of said schoolhouse. 

Dated at said , the day of . . . . , 188 . 

[Signatures.] 



SCHOOLHOUSES. 47 



The order may be : 



A hearing upon the foregoing petition is hereby appointed at the 

schoolhouse in the school district in the town of [or, " at 

the hotel of A B in the school district in the town of "], 

on the .... day of . . . . , 188 , at . . o'clock in the .... noon ; 
and it is ordered that the petitioners give notice of said petition and 
hearing thereon by causing a copy of the petition presented to us, 
and order of notice made by us thereon, to be posted on the outside 
of the outer door of each schoolhouse in said district, if any there 
be, and if not, in one or more public places in said district, at least 
fourteen days before the time so appointed, and by causing a like 
copy to be given to or left at the usual place of abode of the clerk 
and each of the school board of said district, a like time before the 
time appointed for such hearing. 

Given under our hands, this .... day of . . . . , 188 . 

^ County Commissionci's 

^ of the 

) County of 

The attestation may be : — 

A true copy. 

Attest : 

The certificate of posting, service, and jurat may be : — 

I certify that on the .... day of . . . . , 188 ,1 posted an attested 
copy of the foregoing petition and order thereon on the outside of 
the outer doors of all the schoolhouses in the district within men- 
tioned [or, " in the hotel of A B, the same being one of the most 
public places in said district, there being no schoolhouse in said dis- 
trict"], and by leaving a like copy at the usual place of abode of 
A B, clerk, and C D, E F, and G H, school board of said district, 
on the day of ,188 . 



M ss , 188 . 

Then appeared , and made oath that the 

above certificate by him signed is true. 

Before me. 



Justice of the Peace. 

The final order may be : — 

Upon the foregoing petition, we appointed a hearing, and gave 
notice thereof as aforesaid, and on the .... day of . . . . , 188 , at 



48 SCHOOLHOUSES. 

. . o'clock in the . . . .noon, at , in said district, the time and 

place appointed, [here insert the names of those who appeared as 
parties] appeared as parties ; and, having heard all parties residing 
in the district, or having any interest in the subject-matter of the 
hearing, who attended and desired to be heard, and all evidence 
offered by them, and examined them and their witnesses under oath, 
we find that the lot of land described in said petition has been 
decided upon by said district [or, " by a committee of said district," 
or, "by the school board of said district," as the case may be] for 
the location of a schoolhouse in said district, and that the petition- 
ers, being ten or more legal voters in said district, are aggrieved by 
such location ; and we therefore determine and make this our deci- 
sion in writing, that the location of said schoolhouse shall be upon 
a lot of land situated in said district [here insert the boundaries 
and description], and award that said petitioners recover of said 
school district, and that said school district shall pay our fees, taxed 

at dollars and .... cents. 

Given under our hands, this .... day of . . . . , 188 . 

"] County Commissioners 

)■ of the 

3 County of 



All the proceedings should be recorded by the clerk of the district. 

The form of such record may be : — 

Received and recorded . . . . , 18. . , at . . o'clock in the .... noon. 
A true record. 

Attest : , 

Town Clerk. 

If the decision is adverse, the report, after the word " oath," may be : " We 
find that said petitioners are not aggi-ieved by such location, and we there- 
fore make no change." 

§ 9. Vacancies in commissioners, how filled. In all 
cases where, for any cause, a vacancy exists on the board 
of commissioners, or where any of such commissioners 
are disqualified from acting by reason of interest in the 
case, such vacancy shall be tilled by the supreme court in 
the same manner as similar vacancies in case of laying 
out highways. — G. L., c. 88, § 9, p. 214. 

If any commissioner is interested in any such petition, he shall not serve; 
but the vacancy shall be filled, upon petition of a commissioner, by any 
jud ge of the supreme court. — G. L., c. 69, § 6, p. 179. 



SCHOOLHOUSES. 49 

Such petition may be : — 
To • , one of the justices of the supreme court : — 

The undersigned, one of the county commissioners for the county 

of , represents that the petition of and 

others, being ten or more legal voters of school district No. . . , in 

the town of , in said county, praying for the location of a 

schoolhouse in said district, is now pending before said commission- 
ers ; that , one of said commissioners, resides, 

and is a tax-payer, in said district [here set forth any other causes 
of disqualification], and interested in such petition and disqualified 
to act. Wherefore he prays that you will fill such vacancy in the 
manner prescribed by law. 

One of the County Commissioners for said County of 

The appointment, to be written at the bottom of the original 
petition, or indorsed upon it, and jurat, may be : — 

H , ss ,188 . 

To ,0/ , in the county of : 

Upon considering the foregoing (or, "within") petition and the 
proofs, you are hereby appointed to fill said vacancy in said board of 
county commissioners. 

Witness my hand and seal, this .... day of . . . . , 188 . 

• •? 

Justice of the Supreme Court. 

M , ss ,188 . 

Then appeared the above named , and made 

oath that he would faithfully and impartially perform the duties of 
a county commissioner in the proceedings upon said petition. 

Before me, 

Justice of the Peac e. 

§ 10. Schoolhouse lots may be enlarged, how. The 
school committee [school board] or county commissioners 
may enlarge any existing schoolhouse lot, so that it shall 
contain not exceeding half an acre, upon such petition to 
them and proceedings thereon as are required to authorize 
them to determine the location for a schoolhouse. — 
a. L., c. 88, § 10, p. 214. 



50 SCHOOLHOUSES. 

The proceedings before the school board or county commissioners, under 
the foregoing section, can be readily adapted from those already given. 

§ 11. District neglecting to purchase, selectmen to 
APPRAISE. If any school district shall neglect or refuse to 
purchase or procure the land for a new schoolhouse lot, 
or to enlarge any existing lot, which may be designated 
in the manner provided by the school committee [school 
board] or county commissioners, or the owner of the land 
so designated shall refuse to sell the same to the district 
for a reasonable sum, the selectmen, upon petition to them 
for that purpose, shall appraise the damages to such land- 
owner for the taking of said land, which appraisal shall 
be reduced to writing and signed by the selectmen, and 
filed with the clerk of the district as soon as may be after 
it is made. If such land-owner shall be aggrieved at such 
appraisal, he shall have a like remedy for increase of dam- 
ages by appeal as if the same Avere laid out for a high- 
way, and, if his damages shall be increased upon such 
appeal, he shall have judgment and execution against the 
district for such excess and his costs. — G. L., c. 88, § 11, 
p. 214. 

The form of the petition may be : — 



To the selectmen of the toivn of 



The undersigned, legal voters in the !-chool district in the town of 

, in the county of , represent that a lot of land 

therein, owned by , in the town of , in the 

county of , bounded and described as follows [here in- 
sert the boundaries and description] , was duly designated by the 
school board of said district [or, " by the county commissioners of 
said county "] for a schoolhouse lot for said district, as provided by 
law ; that said school district has neglected and refused, and still 
neglects and refuses, to purchase [or " procure " ] the land for said 
schoolhouse lot ; wherefore your petitioners request you to appraise 
the damages to said land-owner for the taking of said land. 

Dated at , this .... day of , 188 . 

[Signers.] 



SCHOOLHOUSES. . ' 51 



The order may be : — 



A hearinp; upon the foregoing petition is hereby appointed at the 
hotel of J G, in said town of , on the .... day of .... 

next, at . . o'clock in the .... noon ; and it is ordered that the 
petitioners give notice of said petition and hearino; to said school dis- 
trict by causing an attested copy of said petition, and the order there- 
on, to be posted on the door of the schoolhouse in said district (and in 
two or more public places in said district), and by causing a like 
copy to be given to or left at the usual place of abode of the clerk 
of said district fourteen days at least before said day of hearing, and 
to , the land-owner within named, by giving him, or leav- 
ing at his usual place of abode, a like copy a like time before said 
day of hearing. 

Given under our hands, this .... day of , 188 . 



Select7nen 
of 



The attestation, return, and record may be : — 

I certify, that on the .... day of ,188 ,1 left at the abode 

of , clerk of said district, and , within named, 

each an attested copy of the within petition, and order thereon, and 
on the same day posted a like copy thereof upon the schoolhouse in 

said district. (And at and , being two public 

places in said district.) 



H , ss , 188 . 

Then appeared , and made oath that the above certificate 

by him signed is true. 

Before me, , 

Justice of the Peace- 

§ 12. Selectmen to set off school lot, when. If 
the owner of the land designated as aforesaid, for a school- 
house lot, or to enlarge any existing lot hy the district or 
its committee, shall refuse to sell the same for a reason- 
able price, the selectmen, upon petition, may lay out a lot 
not exceeding half an acre, and appraise the damages to 
the owner, who shall have like remedy for increase of 
damages as provided in the foregoing section. — G. L., 
c. 88, § 12, p. 214. 



52 . SCHOOLHOUSES.. 

The petition of the school district may be : — 
To the selectmen of the town of ; 

The school district in said town represents that a lot of land sit- 
uate therein [not exceeding half an acre] , bounded and described as 

follows [here insert boundaries and description], owned by 

, of the town of , has been legally designated [here 

describe by what authority designated] for a schoolhouse lot, and 
that said owner refuses to sell the same to said district for a reason- 
able price. Wherefore said school district requests you to lay out 
said lot, and appraise the damages to the owner. 

Dated at said , this .... day of , 188 . 

School District in 
By its agents duly authorized : 



A 


B, 


C 


D, 


E 


F. 



The petition may also be by voters of the district. 
The order may be : — 

A hearing upon the foregoing petition is hereby appointed at 

, in the town of , on the .... day of next, 

at . . o'clock in the . . . .noon ; and it is ordered that the petitioner 

give notice of said petition and hearing to the said by 

giving to him, or leaving at his abode, an attested copy of said peti- 
tion, and this order thereon, fourteen days at least before the said 
day of hearing. 

Given under our hands, this .... day of ,188 . 



Selectmen 
of 



The attestation, return, and jurat may be 
A true copy. Attest : 



I certify, that on the .... day of ,188 ,1 gave to . . . . , 

within named [or, " I left at the abode of , within 

named," ] an attested copy of the within petition, and order 
thereon. 



H ,ss , 188 



SCHOOLHOUSES. 53 

Then appeared , and made oath that the above certificate 

by him signed is true. 

Before me, , 

Justice of the Peace. 
The form of a final order may be : — 

Upon the foregoing petition, we appointed a hearing, and gave 
notice thereof as aforesaid, and on the .... day of . . . . , 188 , at 

. . . o'clock in the .... noon, at . . . . , in the town of , the 

time and place appointed, [here insert the names of those who ap- 
peared as parties] appeared as parties ; and, having heard all parties 
interested who attended and desired to be heard, and all evidence 
offered by them, and examined them and their witnesses under oath, 
we find that the lot of land described in said petition has been 
legally designated for a schoolhouse lot, as stated in said petition, 

and that . , the owner of said land, refuses to so sell the 

same for a reasonable price ; and we therefore lay out said lot, 
bounded and described as follows, [here insert the boundaries and 
description] for a schoolhouse lot, and appraise the damages to the 
said owner at the sum of .... dollars. 

Given under our hands, this .... day of . . . . , 188 . 

Selectmen 

.:.............., ...1.. 

§ 13. Title to vest in district, when and how long. 
Upon the payment or tender of the damages assessed by 
the selectmen as aforesaid to the land-owner, the land des- 
ignated as aforesaid for a new schoolhouse lot, or an addi- 
tion to an existing lot, shall vest in said district ; but shall 
revert to the owner, his heirs or assigns, whenever the 
district shall vote to discontinue the use thereof, or shall 
cease to use the same for a schoolhouse two years succes- 
sively.— G. L., c. 88, § 13, pp. 214, 215. 

§ 14. Selectmen to build schoolhouse, when. If any 
district shall refuse or neglect to build, repair, remove, or 
fit up a schoolhouse, or shall refuse or neglect to build 
such schoolhouse upon or to remove it to the lot desig- 
nated as aforesaid, the selectmen, upon petition of three 
or more voters of the district, after hearing the parties, 

5 



I 



54 SCHOOLIIOUSES. 

may assess upon the district and collect such sums of 
money as may be necessary, and therewith cause such 
schoolhouse to be built, removed, repaired, or fitted up. 
— G. L., c. 88, §14, p. 215. 

The selectmen under this section have authority to paj- tlie land damages 
for the lot, and accept a release for the benefit of the district. 

The district neglecting and refusing to take ainy action in regard to building 
or removing, the selectmen must determine Avliat the needs of the district 
require, and build anew or remove the old schoolhouse accordingly. The 
selectmen have authority also, under this section, to build a schoolhouse on 
a lot established by the county commissioners, the district having unreasona- 
bly neglected and refused to build. — Holbrook v. Faulkner, 55 N. H., 311. 

The form of a petition may be : — 

To the selectmen of . , . , : 

The undersigned, three and more legal voters of the school dis- 
trict in said town, respectfully represent, that on the .... day of 
. . . . , last, the schoolhouse in said district known as the .... school- 
house, was destroyed by fire and said district has refused and unrea- 
sonably neglected to build a schoolhouse in place of the same. 
Wherefore they request you to assess a tax upon said district, and 
collect such sum of money as shall be necessary, and therewith 
cause a suitable schoolhouse for said district to be erected therein. 

Dated at , the day of , 188 . 

[Signatures.] 

The order may be : — 

A hearing upon the foregoing petition is hereby appointed at 
. . . . , in the town of , on the .... day of . , . . , 188 , at 

.... o'clock in the . . . .noon ; and it is ordered that the petition- 
ers give notice of said petition and hearing to said district by caus- 
ing an attested copy of this petition, and order thereon, to be posted 
on the door of the schoolhouse in said district, (and in two or more 
public places in said district,) fourteen days at least before said day 
of hearing, and causing a like copy to be given to or left at the usual 
place of abode of the clerk of said district a like time before the 
said day of hearing. 

Given under our hands, this .... day of . . . . , 188 . 

") Selectmen 

'- of 



3 



The attestation, return, and jurat may be 

A true copy. 
Attest : 



SCHOOLHOUSES. 55 

I certify that on the .... day of . . . . , 188 ,1 gave to A B, 
clerk of said district, an attested copy of the within petition and 
order thereon, and on the same day 1 posted a like copy at the door 

of the schoolhouse, in said district (and like copies at and 

, being two public places in said district). 

H , ss ,188 . Then appeared , and made 

oath that the above certificate by him signed is true. 

Before me, , 

Justice of the Peace. 

The final order may be : — 

Upon the foregoing petition, we appointed a hearing, and gave 
notice thereof as aforesaid, and on the .... day of ...., 188 , 

at . . . o'clock in the .... noon, at .... in the town of , 

the time and place appointed, [here insert the names of those who 
appeared as parties] appeared as parties ; and, having heard all 
parties interested who attended and desired to be heard, and all 
evidence offered by them, and examined them and their witnesses 
under oath, we find that said schoolhouse was destroyed by fire as 
aforesaid, and that said district has refused and neglected to build 
a schoolhouse therein in place thereof, and that said petitioners are 
legal voters thereof, as stated in said petition ; and we therefore 
assess upon said district, and order to be collected, the sum of .... 
dollars and * . . . cents therewith to cause a schoolhouse to be built. 

Given under our hands, at , this .... day of . . . . , 188 . 

Selectmen 
of 



The form of record may be : — 

Received and recorded .... 188 , at .... o'clock in the .... 
noon. 

A true record. 

Attest : , 

Town Clerh. 

Where there is a neglect or refusal to fit up and repair, the form 
of the petition may be : — 

To the selectmen of the town of ; 

The undersigned, three and more legal voters of the school dis- 
trict . . . . , in said town, respectfully represent that the schoolhouse 
in said district is and for a long time has been out of repair, insuf- 
ficient, and unsuitable, and that said district has refused and neg- 
lected to fit up and repair the same. Wherefore they pray that you 



56 SCHOOLHOUSES. 

will assess upon said district, and collectsuch sum of money as may 
be necessary therefor, and therewith cause said schoolhouse to be 
fitted up and repaired. 

Dated at said . . . . , this .... day of . . . . , 188 . 

[Signatures.] 

The order, service, and return may be as under the cases given above. 

The final order may be as in the cases heretofore given, but following this 
petition. 

Where the district has refused or neglected "to remove," the preceding 
form may be used, making the necessary changes in the petition and final 
order. 

Where the district has neglected or refused to build a house upon 
or to remove it to the lot " designated," the petition may be : — 

To the selectmen of the town of ; 

The undersigned, three and more legal voters of the school dis- 
trict . . . . , in said town, respectfully represent, that, on the .... 
day of . .. ., 188 , a lot of land, situate in said district, bounded 
and described as follows, [insert boundaries and description] was 
legally designated for the location of a schoolhouse, but said district 
have refused and neglected to build a schoohouse upon said lot [or, 
" have refused and neglected to remove their schoolhouse to said 
lot"] ; wherefore they request you to assess upon said district, and 
collect such sum of money as may be necessary, and therewith cause 
a schoolhouse to be built upon said lot [or, '^ and therewith cause 
the schoolhouse of said district to be removed to said lot"]. 

Dated at said . . . . , this .... day of . . . . , 188 . 

(Signatures). 

Order of notice, return, and jurat may be the same as in the forms given. 

The final order may be : — 

Upon the foregoing petition, we appointed a hearing, and gave 
notice thereof as aforesaid, and on the .... day of . . . ., 18, at 

. . . o'clock in the .... noon, at , in the town of , 

the time and place appointed, [here insert the names of those 
who appeared as parties ] appeared as parties ; and, having 
heard all parties interested who attended and desired to be 
heard, and all evidence off"ered by them, and examined them and 
their witnesses under oath, we find that the lot described in said 
petition was legally designated for the location of a schoolhouse ; 
that said petitioners are legal voters of said district ; and that said 
district has refused and neglected to build a schoolhouse upon said 
lot [or, " has refused and neglected to remove said schoolhouse to 
said lot"] ; and we therefore assess upon said district, and order to 
be collected, the sum of .... dollars and .... cents, therewith to 



SCHOOLHOUSES. 57 

cause a schoolhouse to be built upon said lot [or, " therewith to 
cause said schoolhouse to be removed to said lot"]. 

Given under our hands, at , this . . . • day of . . . . , 188 . 

Selectmen 
of 



§ 15. Schools, where kept. No district school shall 
be kept in any other place than the schoolhouse belong- 
ing to the district, unless there is no schoolhouse, or the 
schoolhouse is out of repair, or not of sufficient size to 
accommodate the scholars ; in which case the prudential 
committee, with the consent of the school committee, 
may provide suitable rooms and conveniences for the use 
of the scholars at the expense of the district. — G. L., 
c. 88, § 15, p. 215. 

In town districts tlie school board, having all the powers of superintending 
school committee and prudential committee, Avould provide a suitable place 
for the school on their own motion. 

§ 16. District may grant use of schoolhouse for 
WHAT PURPOSES. Ally scliool district may grant the use of 
any schoolhouse in such district for a writing or singing 
school, and for religious and other meetings ; jyrovided, such 
use shall not conflict with any regular school exercise, 
and that the persons so using any schoolhouse shall be 
liable for all damages to the same, and to all property 
therein. — G. L., c. 88, § 19, p. 215. 

§ 17. Penalty for using barbed-wire for fencing next 
TO SCHOOL LOTS. If the owner or occupant of any land 
adjoining land owned or occupied by any town or school 
district for scliool purposes, erects, keeps, or maintains 
any barbed-wire fence, to separate or divide said lands, 
he shall be fined not exceeding twenty-five dollars. — 
Laws of 1885, c. 55, § 1, p. 261. 

§ 18. Whom to prosecute. The selectmen of every 
town, and prudential committee [school board] of every 



58 SCHOOLHOUSES. 

school district, shall prosecute at the expense of the town 
or district, as the case may be, any violations of the pre- 
vious section. • — Laws of 1885, c. 55, § 2, p. 261. 

§ 19. ScHOOLHOusE TAXES, HOW ASSESSED. In the assess- 
ment of schoolhouse taxes, every person shall be taxed in 
the district in which he lives for his poll and the personal 
estate which he has subject to taxation in town ; and all 
real estate shall be taxed in the district in which it is. — 
G. L., c. 88, § 16, p. 215. 

§ 20. I^EW INVOICE, MADE WHEN. The Selectmen may 
make a new invoice of all the property in the district^ 
when necessary for the just assessment of the school- 
house taxes. — Gr. L., c. 88, § 17, p. 215. 

The selectmen are not bound to make a new invoice for the assessment of 
schoolhouse taxes when changes in the ownership of property within the clis 
trict occurred between the taking of the annual invoice, on the first day of 
April, and the making of the assessment; but they may assess the tax upon 
the April invoice. —Rogers v. Bowen, 42 N. H., 102. 

§ 21. Collector's duty when tax assessed on prop- 
erty OF NON-RESIDENTS AFTER JULY 1. If SUCll taxCS are 

assessed after the Urst day of July in any year upon the 
property of non-residents, the collector shall send to 
the owners of said property, or their agents if known, 
a bill of their taxes within two months after the delivery 
of the list to him, and shall, at the expiration of four 
months after the delivery of said list to him, advertise the 
property on which the taxes have not been paid for sale 
in the same manner, and such further proceedings may 
be had in relation thereto, as if such tax had been assessed 
in April preceding. — G. L., c. 88, § 18, p. 215. 



SCHOOL OFFICERS AND TEACHERS. 



59 



CHAPTER V. 



SCHOOL BOARD, TEACHERS, AND TRUANT OFFICER. 



Section 

l(j. School register to he kept by 
teacher. 

17. Teaclier to return register to 

school board. 

18. School board to visit and exam- 

ine schools. 

19. One of school board may be 

chosen to visit schools. 

•20. School board to make report an- 
nually to town. 

'21. School board may elect truant 
officer. 

22. Tenure of office of truant officer. 

23. Duties in regard to truants. 

24. Duties in regard to children in 

manufacturing establishments. 

25. School board, pay of. 

26. School day, week, and month, 

what constitutes. 

27. Teachers may attend institutes. 

28. Superintendent of schools may 

be elected, when. 

29. Selectmen to make enumeration 

of children. 



Section 

1. School board to perform duties 

of superintending and pruden- 
tial committees. 

2. To provide schools. 

3. To hire teachers. 

4. To examine teachers and give 

certificate. 

5. Teachers to be examined in 

what branches. 

6. School board may prescribe oth- 

er branches. 

7. Teacher not to be employed or 

paid without certificate. 

8. Teacher dismissed on petition, 

9. Teacher incapable dismissed. 

10. Notice of dismission to be given. 

11. School board may prescribe 

rules for schools. 

12. Text-books to continue in use 

five years. 

13. Text-books may be changed, 

when. 

14. School board and selectmen may 

purchase school apparatus. 

15. Parents of scholars to provide 

books. 

§ 1. School board to perform duties of superin- 
tending AND PRUDENTIAL COMMITTEES. The (luties here- 
tofore devolving upon superintending and prudential 
committees shall hereafter be performed by a school 
board of three persons in each town, to be chosen by bal- 
lot at the annual school meeting, and to hohl office for 
three years ; prodded, however, that at the first election 
under this act, one person shall be chosen for three years, 
one person for two years, and one person for one 3'ear, 
and thereafter one person shall be chosen each year ; and 
said board shall have power at any time to iill its own 
vacancies until the next annual meeting of the district. — 
Laws of 1885, c. 43, § 4, p. 253. 

§ 2. To PROVIDE SCHOOLS. The said school board of 
each town shall provide schools Avithin the limits of said 
tow^n, at such places and times as in their judgment shall 



60 SCHOOL OFFICERS AND TEACHERS. 

best subserve the interests of education, and as shall give 
all the scholai's of the town as nearly equal advantages as 
may be practicable, and said school board may use a 
portion of the school money, not exceeding twenty-five 
per cent thereof, for the purpose of conveying scholars to 
and from such schools. — Laws of 1885, c. 43, § 6, p. 253. 

§ 3. To HIRE TEACHERS, ETC. Tlic prudential commit- 
tee [school board] shall select and hire teachers for the 
district, provide them board, furnish necessary fuel, and 
make such occasional repairs of the schoolhouse and fur- 
niture as may be necessary, not exceeding in amount live 
per cent of the school money of the district, .... 

— Ci. L.,c. 87, §14, p. 211. 

The practice of " bidding off " the hoard is illegal and reprehensible. The 
district cannot by vote deprive the committee of the power to provide board 
for teachers. — School District v. Cnrrier, 4.5 X. H., .573. 

The school board is the trustee of the district, and as such holds its funds, 
and cannot hire themselves to teach, or otherwise contract with themselves. 

— See Fisher v. Concord Railroad, .50 N. H., 20.5. 

It is the duty also of the school board when a copy of an execution against 
the district is left with them, to pay the same, or call a meeting of the voters 
of the district, at which meeting they shall vote to raise the necessary sum to 
satisfy said execution and the officer's fees thei-eon; and the clerk of the dis- 
trict shall certify the same to the selectmen, who shall forthwith assess a tax 
for said sum. — G. L., c. 239, § 5, p. .552. 

§ 4. Teachers to be examined. The school commit- 
tee [school board] shall examine all persons proposing to 
teach school in the town, who shall produce satisfactory 
evidence of good moral character and of suitable temper 
and disposition for teachers, in such branches as are usu- 
ally taught in the class of schools in which they propose 
to teach, and as to their capacity for governing the same; 
and if found competent they shall give them certificates 
thereof, setting forth the branches they are found capable 
of teaching. — G. L., c. 89, § 3, p. 216. 

§5. In what branches. Teachers of common schools 
shall be examined in reading, spelling, writing, English 
grammar, arithmetic, geography, and the elements of his- 
tory, and in physiology and hygiene with special refer- 



SCHOOL OFFICERS AND TEACHERS. 61 

ence to the eitects of alcoholic drinks, stimulants, and 
narcotics upon the human system, and in other branches 
usually taught in said schools. — G. L., c. 89, § 4, p. 216, 
as amended by Laws of 1883, c. 37, § 1, p. 24. 

§ 6. Other branches prescribed. The school com- 
mittee [school board] may prescribe for any school, when 
in their judgment it shall be proper, the study of survey- 
ing, geometry, algebra, book-keeping, philosophy, chem- 
istry, and natural history, or any of them, and other 
suitable studies, and teachers proposing to teach in such 
schools shall be examined in those branches in addition 
to those required of other teachers. — G. L., c. 89, § 5, 
p. 216, as amended by Laws of 1883, c. 37, § 2, p. 24. 

The form of a certificate of good moral character, etc., may be: — 
To whom it may concern : 

This certifies that we are well acquainted with , 

of this town, and that, in our belief and judgment, he is a person of 
good moral character, and of suitable temper and disposition for a 
teacher. 

A , N. H., , 188 . 



The committee are not hampered by technical rules. If satisfactory to 
them, the evidence may be either oral or in writing. 

The form of a teacher's certificate may be : — 

This certifies that ........ has produced to us satis- 
factory evidence of li good moral character ; that he is of suit- 
able disposition and temper for a teacher ; that lie has the requisite 
capacity for the government of schools ; and, upon due examination, 
we find h well qualified to instruct in reading, writing, spelling, 
English grammar, arithmetic, and the elements of geography and 
history, and [here specify the other branches, if an}^, prescribed or 
required to be taught]. 

In witness whereof we have hereunto set our hands, at , 

N. H., this day of 188 . 

^ School 

... y Board of 



62 SCHOOL OFFICERS AND TEACHERS. 

If other brandies than those mentioned are to be taught, the certificate 
should specify them. It should in all cases specify the branches which the 
applicant is found competent to teach and is expected to teach. 

§ 7. Certificate of qualification required. l^o 
person slmll be employed, or paid for services as a teachery 
unless he shall produce and deliver to the prudential com- 
mittee a certificate of the school committee of the town 
in which the district where the school is to be kept is, or 
is deemed to be, that he is well qualified to instruct 
youth in the branches to be taught in such school. — 
G. L., c. 89, § 6, p. 216. 

As the school board in town districts pei-form all the duties of both superin- 
tending and prxidential committees, it would seem proper that the board 
should furnish the teacher with the certificate after examination, if found 
competent, and receive it back from the teacher before paying him for hi& 
services. It would then be well for the board to hand the certificate to the 
clerk of the district for preservation. Regularly, the teacher should first be 
examined and obtain the proper certificate, and then make the contract; but 
in practice the contract is usually made first, and then the examination and 
certificate follow, whereupon the teacher enters upon the discharge of his 
duties. 

If the teacher commences his school without such certificate and its deliv- 
ery or tender, upon the application of any person interested as a tax-payer in 
the district, the court will restrain the district and its committee, or agent, by 
injunction, from paying such teacher for services rendered before he obtained 
and delivered or tendered the proper certificate. — Barr r. Deniston, 19 N. H., 
170. 

If a person teaches a district school without the certificate required, how- 
ever defective his title to the office of public teacher for that reason may be, 
still his authority to govern the school cannot on that ground be contested by 
scholars who attend the school or parents Avho send their children to it. — 
Kidder v. Chellis, 59 X. H., 473. 

In deciding this case. Smith J. says : " Although not for all purposes the 
teacher of a piiblic school, he was the teacher of a public or private school 
for the purpose of governing the school as against persons who chose to be 
members of the school ; and for any misgovernment or maladministration 
in prescribing studies or requiring educational exercises, the law provided 
ample remedies." 

§ 8. Teacher dismissed on petition. The school 
committee [school board] , upon i)etition of a majority of 
the legal voters in any district for the dismission of a 
teacher, after giving to the parties twenty-four hours' no- 
tice and a hearing, ma}^ dismiss him, if in their judgment 
such dismission will best promote the interests of the dis- 
trict. —G.L., c. 89, § 7, p. 217. 

The form of a petition may be : — 
To the school hoard of ........ ; 

The undersigned, a majority of the legal voters in the school dis- 



SCHOOL OFFICERS AND TEACHERS. 63 

trict in the town of , respectfully represent that the dis- 
mission of , who is a teacher in said district, will best pro- 
mote the interests of the district, and they therefore request that he 
may be dismissed. 

Dated at said , this . . . • day of , 188 . 

[Signers.] 

The form of the order may be : — 

A hearing upon the foregoing petition is hereby appointed at the 

in said district, on the .... day of , 188 , at . . 

o'clock in the . . . .noon ; and it is ordered that the petitioners give 

notice of said petition and hearing to the said , by giving 

him, or leaving at his abode, an attested copy of said petition, and 
this order thereon, at least twenty-four hours before the said day of 
hearing. 

Given under our hands, at , this .... day of , 

188 . 



Scliool Board 
of 



The copy may be attested by the first petitioner, or other person, 
serving the same, as follows : — 

A true copy. 

Attest : 



The return may be : — 

I hereby certify, that on the .... day of ,188 ,1 gave 

to , within named, [or, " left at the abode of. , 

within named," ] an attested copy of the within petition, and order 
thereon. 

H ,ss , 188 . 

Then appeared , and made oath that the abo\'>e certificate 

by him signed is true. 

Before me, , 

Justice of the Peace. 

The final order may be : . — 

Upon the foregoing petition, we appointed a hearing, and gave no- 
tice thereof, as aforesaid, and on the .... day of ,188 , at 

. . o'clock in the .... noon, at the in said district, the 



64 SCHOOL OFFICERS AND TEACHERS. 

time and place appointed, [here insert the names of those who ap- 
peared as parties] appeared as parties ; and, having heard all par- 
ties who desired to be heard, and examined them and their witnesses 
under oath, in our judgment the interests of said district will be 

promoted by the dismissal of said ; and a majority of the 

legal voters of said district having petitioned for his dismissal as 
aforesaid, said teacher is hereby dismissed. 

Given under our hands, at said , this .... day of . . . . , 

188 . 

~) School Board 

::::;:::::::::;:| !'.' 

The clerk of the district should record the entire proceedings, 
and certify the record of each separate part as follows : — 

Received and recorded , 188 , at . . o'clock in the .... 

noon. 

A true record. 

Attest : ....,..., 

Clerk. 

The filing upon the papers may be : — 
Received and recorded . . . ., 188 . 

By me, , 

Clerk. 

§ 9. Teacher incapable dismissed. The school com- 
mittee [school board] shall without a petition dismiss any 
teacher who is found hy them incapable or unfit to teach , 
or whose services are found unprofitable to the school, or 
who shall not conform to the regulations prescribed by 
them.— G. L., c. 89, § 8, p. 217. 

This section does not contemplate a petition or any formal notice. 

The order of dismissal may be : — 

Whereas, the services of , employed as a 

teacher in this school district are found by us to be unprofitable to 

the district [or, " is found by us incapable or 

unfit to teach ; " or, " does not conform to the 

regulations prescribed by us " ], said teacher is hereby dismissed. 



SCHOOL OFFICERS AND TEACHERS. 65 

Witness our hands, at , this .... day of . . . . , 188 . 

") School Board 

■::::::::::-]. ...r. 

The record and filing should be the same as under the pi-eceding. 

§ 10. IS'oTiCE OF DISMISSION. The school committee, 
[school board] upon dismission of any teacher, shall give 
immediate notice thereof to the teacher and prudential 
committee ; and the teacher shall receive no pay for his 
services after such notice. — G. L., c. 89, § 9, p. 217. 

As there are no prudential committees in town districts, there can be no 
notice to them. 

The notice to the teacher may be : — 

To , a teacher in the school district in the town 

of •• 

You are hereby notified that you have this day been dismissed. 
Witness our hands, at said , this .... day of . . . . , 188 . 

") School Board 

of 



i 



The certificate of service may be : — 



I certify that on the .... day of . . . . , 188 ,1 gave the within 

named [or, " I left at the abode of the within 

named "] the original notice of which the 

within is a true copy. 

H ss ,188 . 

Then appeared , and made oath that the 

above certificate signed by him is true. 

Before me, 



Justice of the Peace. 

The original should be served ; and the copy and return may be recorded 
by the clerk of the district. 

§ 11. School board may prescribe rules. The school 
committee [school board] may prescribe suitable rules 



66 SCHOOL OFFICERS AND TEACHERS. 

and regulations for the attendance on, management, 
studies, classification, and discipline of, the schools when- 
ever they deem the same necessary, provided that physi- 
ology and hygiene, including special reference to the 
effects of alcoholic stimulants and narcotics upon the 
human system, shall he prescribed in all schools suffi- 
ciently advanced; and said regulations and rules being 
recorded by the town clerk, and a copy thereof given to 
the teachers and read in the schools, shall be binding 
upon scholars and teachers. — G. L., c. 89, § 10, p. 217^ 
as amended by Laws of 1883, c. 37, § 3, p. 24. 

The form of school regulations may be : — 

SCHOOL REGULATIONS IX THE TOWN OF 

1. Scholars may be required to build the fires, keep the rooms of 
a suitable temperature, sweep, and keep them clean. 

2. Scholars shall be answerable for all misconduct during school 
hours, in going to and returning from school, and for all acts which 
have a direct and immediate tendency to injure the school and sub- 
vert the authority of the teachers. 

3. The advanced classes shall have written exercises in spelling 
each day. 

4. Essays, declamations, or recitations shall be required of the 
most advanced classes as often as once in two weeks. 

5 . No scholar shall pursue more than three studies at the same 
time, aside from reading and spelling. 

6. No child under the age of four years shall attend any school. 

7. Teachers shall prescribe such rules for the use of the school 
yards and outbuildings as shall insure their being kept in a neat and 
proper condition. 

8. Instruction shall be given in physiology and hygiene, with 
special reference to the effects of alcoholic stimulants and narcotics 
upon the human system, in all schools containing scholars over ten 
years of age. 

9. All schools shall have a recess of at least fifteen minutes in 
the forenoon and afternoon. 

Witness our hands, at , this .... day of ,188 , 






School Board » 



SCHOOL OFFICERS AND TEACHERS. 67 

Keceived and recorded. . . . . , 188 , at . . o'clock in the .... noon, 
A true record. 

Attest : 



Toion Clerk. 



The fiHng may be : — 

Received and recorded, ,188 , by me, 



Town Clerk. 

The school hoarcl may determine the vacations. — Scliool District v. Lowd, 
12 Gray, Gl. 

Ordinarily the supervision and control of the teacher over the pupil ex- 
tends from the time he leaves home to go to school till he returns. 

Though a schoolmaster has in general no right to punish a pupil for mis- 
conduct committed after the dismissal of school for the day and the return 
of the pupil to his home, yet he may, on the pupil's retui-n to school, punish 
liim for any misbehavior, though committed out of school, which has a direct 
and immediate tendency to injure the school and to subvert the master's 
authority. — Lander v. Seaver, 82 Vt., 114. 

A requirement by the teacher of a district school that the scholars in gram- 
mar shall write English compositions is a reasonable one. — Guernsey v. Pit- 
kin, 32 Vt., 224. 

§ 12. Text-books to continue in use five years 
FROM introduction. Any text-book or series of text- 
books on one sul)ject, which, on the tenth day of July, 
eighteen hundred and seventy-eight, shall have been in 
established use in any school for a less time than three 
years, and any which shall be thereafter introduced by 
the school committee [school board], shall continue in 
use therein for the term of five years from its introduc- 
tion, and during that time no other text-book on the same 
subject shall be used (unless the prices for which new 
books are stipulated to be sold after their introduction 
fihall be increased by the publishers), excepting that one 
or more series of readers may be used for supplementary 
reading. — G. L.,c. 89, § 11, p. 217, as amended by Laws 
of 1883, c. m, § 1, p. 44. 

§ 13. Changes of text-books. The school committee 
{^school board] may annually direct a change of not more 
than one of the text-books or series of text-books on one 
subject, which have been in use five years, in each class 
of schools kept in town ; but no book shall be introduced 



68 SCHOOL OFFICERS AND TEACHERS. 

calculated to favor any particular religious or political 
sect or tenet. —See G. L., c. 89, § 12, p. 217. 

§ 14. School apparatus may be purchased. The 
superintending school committee [school board] and 
selectmen in the several towns in the state are hereby 
authorized and empowered to purchase for the use of 
their common schools so many copies of the map of 
^ew Hampshire as they may deem best, not exceeding 
one copy for each school, and the maps so purchased 
shall be paid for out of any money appropriated for 
school purposes. And the same officers are also empow- 
ered to expend, at their discretion, for the use of the 
schools, one fifth part of the " literarj' fund" which may 
annually be assigned any city or town, in the purchase or 
repair of blackboards, maps, charts, globes, dictionaries, 
or any apparatus which in their judgment will advance 
the educational interests of said schools; and that any 
unexpended portion of such fifth part on hand the first 
day of March, annually, shall then be passed to the credit 
of the general school fund of such city or town for the 
support of schools in same during current year. — G. L., 
c. 89, § 13, p. 217, as amended by Laws of 1879, c. 53, 
§ 1, p. 365. 

§ 15. Books to be provided. The parents, masters, 
or guardians of the scholars attending school, shall supply 
such scholars with the books required to be used in the 
schools ; and upon neglect or refusal, after notice, the 
same shall be furnished by the school committee [school 
board] at the expense of the town ; and the cost of the 
same shall be added to the next annual tax of such par- 
ent, master, or guardian, if able to pay the same. — 
G. L., c. 89, § 14, p. 217. 

§ 16. School register to be kept. The school com- 



SCHOOL OFFICERS AND TEACHERS. 69 

niittee [school board] shall furnish to every teacher one 
of the blank registers required to be furnished by the 
superintendent of public instruction, and each teacher 
shall cause all proper entries to be made therein as 
required by said superintendent; and in the absence ot 
such register he shall keep a record of the names and 
ages of all the scholars attending his school, the studies 
pursued hy each, and the number of half days each has 
attended his school. — G. L., c. 89, § 15, p. 217. 

§ 17. Eegister TO BE RETURNED. Every teacher, at 
the close of his school and at the end of each term 
thereof,, shall make a return of such register or record to 
the school committee [school board] of the town, who 
shall give to him a certiiicate thereof; and no teacher 
shall receive payment for his services until such certifi- 
cate is produced and delivered to the prudential commit- 
tee [school board]. — G. L., c. 89, § 16, p. 218. 

In town districts the certificate, if now required, would be given and 
received by the school hoard. 

The form of such certificate may be : — 

This certifies that , a teacher in this district, 

has returned to us a school register [or record] as required by law. 
Witness our hands, at ..,..., this .... of ,188 . 



'\ School Board 



§ 18. Schools to be visited. The school committee 
[school board] shall visit and examine personally, or by 
a sub-committee by them appointed, each school kept in 
tow^n, at least twice in each term, near the beginning and 
toward the close thereof. — G. L., c. 89, § 17, p. 218. 

§ 19. One of school board chosen to visit. Such 
school committee [school board] may elect one of their 



70 SCHOOL OFFICERS AND TEACHERS. 

number to visit and superintend the schools, who shall 
make report to the committee of his doings, and of the 
state of the schools, before the first day of March 
annually. — G. L., c. 89, § 18, p. 218. 

§ 20. Committee to make report annually. The 
school committee [school board] shall make to the town, 
at its annual meeting, a report, stating the number of 
weeks the public schools have been kept in each district, 
in summer and winter, and what portion by male and 
what by female teachers ; the whole number of scholars 
that have attended each school, and the number attend- 
ing to each stud}^ ; and the whole number of scholars of 
the town, not less than five years of age, who have 
attended the district schools in the town not less than 
two weeks during the year; the number of children of 
each sex reported by the selectmen or assessors, and the 
number of children of each sex between the ages of five 
and fifteen that have not attended school ; and the number 
of persons in each district between the ages of fourteen 
and twenty-one years who cannot read and write, with 
such suggestions relative to the schools as they may think 
useful. — G. L., c. 89, § 21, p. 218. 

They must also transmit a copy of tlieiv report before the first Wednesday 
of April annually, to the superintendent of public instruction, with answers 
to questions proposed by the superintendent. — G. L., c. 92, § 3, p. 224. 



SCHOOL OFFICERS AND TEACHERS. 



71 



The school board, in making their annual report, will find it convenient 
to make tables as part of this report somewhat after the following forms. 
Other columns may be added, as, wages of teachers, No. of scholars in each 
class, etc. 

TABLE 1^0. 1. 



o 
6 

g ^ 


m 

s 


3^ 


o 
o 

^^ 


o 
6 2 

4) O 

II 


o 
o .c 

< 




be c 


School No. 
1. 


Summer. 


Miss A. B. 












Winter. 


Mr. C. D. 












School No. 
2. 


Summer. 


Miss E. F. 












Winter. 


Mr. G. H. 













Similar columns for other branches. 

TABLE lS[o. 2. 



Whole No. of scholars not less than 5 years, who have 
school not less than 2 weeks 


attended 






No, of persons between 14 and 21 unable to read and write 




No. of children reported by selectmen or assessors 


Male. 




Female. 




No. of children between 5 and 15 not attending school.... 


Male. 




Female. 




No of visits by school board 






No. of visits by citizens 


















Dog money 













§ 21. School boards may elect truant officers. The 
superintending school committees [school boards] and 
boards of education in the several towns and cities of the 



72 SCHOOL OFFICERS AND TEACHERS. 

state are hereby authorized to elect truant officers for said 
towns and cities, and to fix their compensation at a rea- 
sonable rate, which compensation shall be paid by the 
respective towns and cities. — Laws of 1881, c. 42, § 1^ 
p. 464. 

22. Tenure of office. Said truant officers may be 
discharged by said committees [school boards] for cause^ 
but unless sooner discharged shall hold their offices for 
one year, or until their successors shall be appointed and 
qualified.— Laws of 1881, c. 42, § 2, p. 464. 

§ 23. Duties in regard to truants.- It shall be the 
duty of said truant officers, under the direction of said 
committees [school boards], to enforce the laws of the state 
and the ordinances of said towns and cities, and the regu- 
lations of said committees [school boards] not repugnant 
to law, in regard to truants and children between the ages 
of six and sixteen not attending school and without any 
regular and lawful occupation, and to compel the attend- 
ance of such children at school in obedience to law and 
to the regulations of said committees [school boards], 
— Laws of 1881, c. 42, § 3, p. 464. 

§ 24. Duties in regard to children in manufactur- 
ing ESTABLISHMENTS. Said truaut officers shall, also, if 
required by said committees [school boards], enforce the 
laws in regard to children employed in manufacturing 
establishments, without attending school as required, and 
shall perform such service in that behalf as may be 
required by said committees [school boards]. — Laws of 
1881, c. 42, § 4, p. 464. 

§ 25. Pay of school board. The school committee, 
[school board] upon satisfying the selectmen that they 
have attended to the duties and made the reports by law 
required, shall be entitled to receive such reasonable com- 



SCHOOL OFFICERS AND TEACHERS. 73 

pensation as the town may determine. — G. L., c. 89, § 

22, p. 218. 

§ 26. What constitutes a school day, week, and 
MONTH. In the absence of an express contract, a session 
of three hours in the forenoon and three hours in the 
afternoon shall constitute a school day, and five such days 
a school week, and four such weeks a school month, in 
the district schools of the state. — Laws of 1883, c. 31, 
§ 1, p. 20. 

§ 27. Teachers may attend institutes. The time, 
not exceeding three days in any one term, or five days in 
one year, actually spent by a teacher of any public school 
in the state in attendance upon a teachers' institute held 
in accordance with the laws of the state, under the direc- 
tion of the superintendent of public instruction, shall be 
considered time lawfully expended by such teacher in the 
service of the district where such teacher is employed, 
and no deduction of wages shall be made for such ab- 
sences. And it shall be the duty of the school committee 
[school board] and boards of education to allow teachers 
to close their school for such attendance upon such insti- 
tute.— Laws of 1885, c. 84, § 1, p. 278. 

§ 28. Superintendent elected, when. Any town, by 
a by-law, and any city, by an ordinance, may provide for 
the election or appointment in such manner as they think 
fit, of a superintendent of schools, who shall hold his 
office for such term, be vested with such of the po^vers 
and charged with such of the duties of the school com- 
mittee and of the prudential committee [school board], 
and be entitled to such compensation, as may be therein 
provided ; and whenever the superintendent of schools 
shall perform all the duties of the school committee and 
the prudential committee [school board], then such com- 



74 SCHOOL OFFICERS AND TEACHERS. 

mittees [school boards] shall receive no compensation. — 
G. L., c. 89, § 19, p. 218. 

§ 29. Enumeration of children to be made. The 
selectmen of each town and the assessors of each city 
shall annually, in the month of April, make an enumera- 
tion of the children of each sex, between the ages of five 
and fifteen, in their respective towns and cities, and shall 
make a report of such enumeration to the superintending 
school committee [school board] of their respective towns 
and cities with [in] fifteen days after the completion of 
each enumeration. — G. L., c. 89, § 20, p. 218. 

The form of the report may be : — 

To the school hoard : — 

The undersigned herewith submit to you, within fifteen days after 
the completion of such enumeration, as required by law, the follow- 
ing report of the enumeration of the children of each sex, between 
the ages of five and fifteen, in this town, made by us in April, 188 . 

Given under our hands, this .... day of . . . . , 188 . 



~) Selectmen 



Males. 



NAMES. * 
Females. 



Asre. 



Alphabetically arranged. 



HIGH SCHOOLS. 75 

CHAPTER VI. 

HIGH SCHOOLS.* 



Section 

11. High school lot. 

12. Voters aggrieved by location 

may appeal to county commis- 
sioners. 

13. District failing to agree, county 

commissioners to locate lot. 

14. School committee not to locate 

lot. 

15. Town or district may contract 

with acadeixiy. 
IG. Special statutes to remain in 
force. 



Section 

1. Powers of high school districts. 

2. How formed by towns and dis- 

tricts. 

3. Districts may unite to form high 

school district. 

4. May appropriate school money, 
o. May raise additional money. 
(>. High school committee. 

7. Prudential committee. 

8. School committee, to act when. 

9. Vacancy of prudential commit- 

tee. 
10. High school committee's powers. 

§ 1. Powers of high school districts. Districts for 
the support of high schools may be established in any 
town, vi^hich shall have the same powers and be subject 
to the same rules as other school districts, except so far 
as they may be changed by this chapter. — G. L., c. 90, § 1, 
p. 219. 

§ 2. How FORMED BY TOWNS AND DISTRICTS. Any 

town, by a major vote in town meeting, or any school 
district having not less than one hundred children be- 
tween six and sixteen years of age therein, by vote of two 
thirds of the legal voters of said district at a legal meet- 
ing, may determine to establish a high school, and shall 
thereby be constituted a high school district ; and no 
high school district so established shall thereafter be dis- 
continued except by a vote of two thirds of the legal vot- 
ers of said district. — G. L., c. 90, § 2, p. 219, as amended 
by Laws of 1881, c. 23, § 1, p. 453. 



*The compiler assumes that by the enactment of chapter 43 of the Laws ot 
1885, it was the intention of the "legislature to abolish only such division ot 
towns into school districts for the support of common schools as was author- 
ized and detined by vote of the town itself, under chapter 8(5, section 1, of the 
General Laws, chapter 43 of Laws of 1885 being entitled an act in amend- 
ment of chapter 8G of the General Laws, and the act itself providing that all 
laws relating to schools not inconsistent with its provisions should remain 
in force. In accordance with this view and the belief that its jjrovisions are 
not inconsistent with chapter 43 of the Laws of 1885, the chapter relating to 
high schools has been retained as being still in force. 



76 HIGH SCHOOLS. 

The article in the warrant for the district meeting may be : — 

To see if said district will, by a vote of two thirds of the legal 
voters at said meeting, establish a high school. 

And the record of the vote may be : — 

Upon the article in the warrant it was, on motion of A B, 

voted to establish a high school in said district, forty having voted 
in the affirmative and ten in the negative, two thirds of the legal 
voters of said district at said meeting having voted in the affirmative. 

§ 3. Districts may unite to form high school dis- 
trict. Two or more school districts in the same or dif- 
ferent towns, l)y concnrring votes of two thirds of the 
voters present at a legal meeting of each district, may 
unite in the support of a high school, and shall be a high 
school district. Tliej shall nevertheless each retain 
their separate organization for the support of the common 
scjiools therein. — G. L., c. 90, § 3, p. 219. 

§ 4. May appropriate school money. Such town or 
district may, by vote or by-law, appropriate such part of 
the school money to \Adiich they are entitled as they think 
fit for the support of the high school, and the same shall 
be paid to the prudential committee of such high school 
district, or to the officer or agent of the town or district 
who is charged with his duties. — G. L., c. 90, § 4,}). 219. 

§ 5. May raise money for support of high school. 
Such town or district may, by vote or by-la^\', raise 
such sum, in addition to the school tax required by law 
for the support of such high school, as they shall think 
proper, which shall be assessed and collected as other 
school taxes, and i)aid over to the prudential committee 
or ofiicer charged with his duties. — G. L., c. 90, § 5, 
p. 219. 

§ 6. High school coMxMITTEe. A high school com- 
mittee may be elected by such town or district in the 



HIGH SCHOOLS. 77 

■same manner as school committees may be chosen. — 
a. L., c. 90, § 6, p. 219. 

§ 7. Prudential committee. — A prudential commit- 
tee of such district may he chosen, or the high school 
committee or any other officer or agent of such town or 
district may, by vote or by-law, be charged with the 
•duties of such prudential committee. -— G. L., c. 90, § 7, 
p. 219. 

§ 8. School coimmittee to act, when. If no high 
•school committee is chosen or appointed, the school com- 
mittee of the town shall be tx officio the high school com- 
mittee of such district. -— G. L., c. 90, § 8, p. 219. 

As there is now no sclaool committee, and as the school board elected mider 
•chapter 43 of the Laws of 1885 have all the powei'S of superintending school 
Mcommittees and prudential committees, it would seem advisable that the 
school board should by vote be made chargeable with the duties both of high 
school and prudential committee for such high school district. 

§ 9. Vacancy of prudential committee. If no pru- 
dential committee is chosen, and no person is charged 
with his duties, or if from any cause there is a vacancy in 
said office, the selectmen shall till such vacancy as pro- 
vided in the case of common school districts. — G. L., 
<j. 90, § 9, pp. 219, 220. 

§ 10. High school committee's powers. The high 
school committee shall have the entire charge thereof, 
shall prescribe and ascertain the qualifications of the 
teachers, prescribe the course of studies, the books to be 
used, and the qualifications required for admission, and 
generally shall have the same powers and perform the 
same duties in regard to such high schools as school com- 
mittees in relation to common schools. — G. L.,c. 90,§10, 
p. 220. 

§11. High school lot. Any high school district may 
purchase a suitable lot for their schoolhouse, and in case 
the location of a schoolhouse has been fixed according' to 



78 HIGH SCHOOLS. 

law, and the agents of the district cannot agree with the 
owner for the purchase of the same, the selectmen may 
lay out such lot, not exceeding half an acre, as in other 
cases. — G. L., c. 90, § 11, p. 220. 

Under proper articles therefor, the district may locate, by vote, or by 
adopting the report or acts of a committee chosen or agents selected for that 
purpose, and may purchase directly or through its agents. 

The form of the petition may be : — 

To the selectmen of the town of : 

The high school district in said town represents that a lot of land 
not exceeding half an acre, and bounded and described as follows: 

[here insert boundaries and description], and owned by , 

of said town, has been legally designated for a schoolhouse lot by 
said district, by a vote at a meeting duly called or held for that pur- 
pose [or, '• by a committee duly appointed by said district for that 
purpose " ] , and the agents of said high school district cannot agTce 
with said owner for the purchase of the same. Wherefore said 
high school district requests you to lay out said high school house 
lot, and appraise the damages to the owner. 

Dated at said , this .... day of , 188 . 

High School District, in 

By its agents, 



in 



A B, 
C D, 
E F. 

The form of the order, etc., may be : — 

A hearing upon said petition is hereby appointed at ...... 

the town of , on the .... day of next, at . . o'clock 

in the .... noon ; and it is ordered that the petitioner give notice 

of said petition iind hearing to the said , by giving to him, 

or leaving at his abode, an attested copy of said petition, and this 
order thereon, fourteen days at least before the said day of hearing. 
Given under our hands, this .... day of ,188 . 



^. Selectmen 



The copy may be attested by the person serving it, as follows : 

A true copy. 

Attest : 



HIGH SCHOOLS. 



79 



I certify, that on the 



day of , 188 , I gave to 



within named [qf, " I left at the abode of , within named "], 

an attested copy of the within petition, and orders thereon. 



H ,ss , 188 . 

Then appeared , and made oath that the above certificate 

by him signed is true. 

Before me, , 

Justice of the Peace. 
The final order may be : — 

Upon the foregoing petition, we appointed a hearing, and gave no- 
tice thereof, as aforesaid, and on the .... day of 188 , at 

. . o'clock in the .... noon, at , in the town of , 

the time and place appointed, [here insert the names of those who 
appeared as parties] appeared as parties ; and having heard all par- 
ties interested who attended and desired to be heard, and all evidence 
offered by them, and examined them and their witnesses under oath, 
we find that the lot of land described in said petition has been legally 
designated for a high school house lot, as stated in said petition, and 
that the agents of said high school district cannot agree with . . . . , 
the owner of said land, for the purchase of the same ; and we there- 
fore lay out said high school lot, bounded and described as follows, 
[here insert the boundaries, etc.] for a high school house lot, and 

appraise the damages to the said owner at the sum of 

dollars. 

hands, at , this .... day of , 



Given 
188 . 



ider 



Selectmen 
of 



Received and recorded ,188 , at . . o'clock in the 

noon. 

A true record. 

Attest : 



Town Clerk. 

If the decision is adverse, the report, after the word •' oath " maj' be, " We 
find that said lot of land has not been legally designated as set forth in said 
petition, and thereby deny its prayer." 

§ 12. Voters aggrieved by location may appeal to 
COUNTY COMMISSIONERS. In towns constituted high 
school districts, in accordance with the provisions of law, 
if any twenty or more voters in any such district are ag- 



80 HIGH SCHOOLS. 

grieved by the location of any higli school house, by the 
district or its committee, they may apply by petition to 
the county commissioners of the county, who shall hear 
and determine the location thereof. — G. L., c. 90, § 12, 
p. 220. 

The petition may be : — 
To the county commissioners for the county of ; 

The undersigned, twenty [and more] legal voters in the high 

school district in the town of , in said county, respectfully 

represent that a lot of land in said , bounded and described 

as follows, [ here insert boundaries and description] has been 
determined upon and selected by said district [or, by a committee 
of said district] for the location of a high school house lot therefor, 
and that they are aggrieved by such location. They therefore 
request you to determine the location of a lot for said high school 
house. 

Dated at said , this .... day of ,188 . 

[Signatures.] 

The order, etc., on said petition, may be : — 

A hearing upon the said petition is hereby appointed at , 

in the town of , on the .... day of next, at . . 

o'clock in the . . . .noon ; and it is ordered that the petitioners give 
notice of said petition and hearing to the said district by posting an 
attested copy of said petition, and this older thereon, on the door 
of the schoolhouse of said district, fourteen days at least before 
said day of hearing, and leaving a like copy at the abode of the 
clerk a like time before said day of hearing. 

Given under our hands, this .... day of ,188 . 

^ ") County Commissioners 

y for the 

) County of. * 

The copy may be attested by the person serving it as : — 

A true copy. 

Attest : 

I certify that on the .... day of ,188 , I posted an 

attested copy of said petition and order on the door of the school - 
house in the school district within mentioned, and on the same day 

I left a like copy aft the abode of the clerk of 

said district. 



HIGH SCHOOLS. 81 

H ss , 188 . 

Then appeared , and made oath that the above 

certificate by him signed is true. 

Before me, 



Justice of the Peace. 
The final order may be : — 

Upon the foregoing petition we appointed a hearing, and gave 

notice thereof as aforesaid, and on the .... day of , 188 , 

at . . o'clock in the .... noon, at , in the town of , 

the time and place appointed, [here insert the names of those who 
appeared as parties] appeared as parties ; and, having heard all par- 
ties interested who attended and desired to be heard, and all evidence 
ofi"ered by them, and examined them and their witnesses under oath, 
we find that the lot of land described in said petition has been deter- 
mined upon and selected by said district [or, by a committee of said 
district] for the location of such schoolhouse ; that said petitioners, 
being twenty and more legal voters in said district, are aggrieved by 
such location, and we therefore determine that the location of said 
schoolhouse shall be upon a lot of land bounded and described as 
follows : [Insert boundaries and description.] 

Given under our hands, at , this .... day of , 

188 . 

~) Coiuity Commissioners 

> for the 

) County of 

Keceived and recorded ,188 , at . . o'clock in the .... 

noon. 

A true record. 

Attest : , 

Toivn Clerk. 

If the decisioii is adverse, the report, after the word •' oath " may be : " We 
find that snid petitioners are not aggrieved by such location, and we there- 
fore make no change." 

§ 13. If district fail to agree, commissioners to 
LOCATE. If, at a meeting duly lioklen for the purpose, 
any such high school district do not agree upon a location 
for a high school house therein, or upon a committee to 
locate the same, the county commissioners, upon petition 
of twenty or more voters, shall determine the location. — 
G. L., c. 90, § 13, p. 220. 



82 HIGH SCHOOLS. 

The petition may be : — 

To the county cominissioners for the county of : 

The undersigned, twenty [and more] legal voters in the high 

school district in the town of , in said county, respectfully 

represent, that, at a meeting of said district, duly called and held 

therefor on the .... day of ,188 , said district failed to 

agree upon a location for a high school house therein, or upon a 
committee to locate the same. They therefore request you to deter- 
mine the location of a lot for said high school house. 

Dated at said , this .... day of , 188 . 

[Signatures.] 

Tne order of notice, attestation, return, and jurat, should be the same as 
ante. 

The final order may be : — 

Upon the foregoing petition we appointed a hearing, and gave 

notice thereof as aforesaid, and on the .... day of ,188 , 

at . . . o'clock in the noon, at , in the town of 

,the time and place appointed, [here insert the names 

of those who appeared as parties], appeared as parties ; and, having 
heard all parties interested who attended and desired to be heard, 
and all evidence offered by them, and examined them and their wit- 
nesses under oath, we find that, at a meeting of said district duly 
called and held therefor, the said district failed to agree upon a 
location for a high school house therein, or upon a committee to 
locate the same, as stated in said petition, said petitioners being 
twenty and more legal voters in said district ; and we therefore 
determine that said location shall be upon a lot of land bounded and 
described as follows : [Here insert boundaries and description.] 

Griven under our hands, at , this ..... day of , 

188 . 

'\ County Commissioners 

> for the 

) County of 



Received and recorded ••••.., 188 , at . . o'clock in the .... 
noon. 

A true record. 

Attest : , 

Toicn Clerk. 

§ 14. School committee not to locate. The school 
committee of any town duly constituted a high school 



HIGH SCHOOLS. 83 

district, shall not have jurisdiction to determine the loca- 
tion of a high school house in such district. — G. L., c. 90, 
§ 14, p. 220. 

§ 15. Town or district may contract with academy, 
ETC. Any town or school district in this state is hereby 
authorized and empowered to conclude such business 
arrangement through its special committee, with the trus- 
tees of any academy, seminary, or other literary institu- 
tion situated within the limits of the town, as said district 
or town at a legal meeting may approve by a two thirds 
vote of the voters present and voting ; and the school 
money of said town or district may be used to carry out 
such contract. In case one of the contracting parties 
shall be a school district or union school district, then the 
consent in writing of the school committee of the town 
shall be required before such agreement shall be in force. 
— G. L., c. 90, § 15, p. 220. 

§ 16. Special statutes to remain in force. All stat- 
utes heretofore passed applying to particular places or 
districts, relating to schools or the committees or officers 
thereof, now in force, shall remain in force until repealed, 
altered, or suspended. — G. L., c. 90, § 16, p. 220. 



84 



SCHOLARS. 



CHAPTER VII. 



SCHOLARS. 



Section 

1. Scholars, who are. 

2. Chiklreii not to Jittcnd school un- 

less vaccmated. 

3. Scholars maj be (hsniisso;! for 

misconduct'. 

4. Scholars assigned to schools not 

to attend others. 

5. Penalty for attending school 

without right. 

6. ToAvn may make hj'-iaws con- 

cerning truants. 

7. Otfenders may he sent to indus- 

trial school. 

8. Otfenders in default of fine com- 

mitted to industrial school. 

9. Otfenders may give bond. 

10. Children under ten years not to 
be employed by manufacturing 
corporation ; penalty. 



Section 

11. Fine, to whom paid. 

12. Prosecution to be within one 

year. 

13. Children under sixteen not to be- 

em]:)l()yed unless. 

14. Children under fourteen. 

15. Penalty for employing children 

under sixteen. 
l(i. Parents to send children to 
school. 

17. Notices of duty of parents to be 

posted by school board. 

18. Penalty for parents, violating 

the law, how recovered. 

19. Persoiis disturbing school, hoAV 

punished. 

20. Duty of school board as to suits 

to recover penalties. 



§ 1. Scholars, who are. Xo i)erson shall have a right 
to attend school, or to send any scholar to the school, in 
any district of which he is not an inhabitant, without the 
consent of the district or of the prudential committee 
[school board]. — G. L., c. 91, § 1, p. 221. 

In districts composed of the whole town, under LaAvs of 1885, c. 43, the school' 
board have all the powers of prudential committees. 

Residence in the district must be bona fide, and not fraudulent or for the 
purpose of obtaining schooling bv evasion of the statute, — District r. Brag- 
don, 23 N. H., 507. 

The minor children of paupers, supported at a county poor-farm, have the 
right to attend the public school in the district in which such county farm is- 
located. — District r. Pollard, 55 N. H., 503. 

Residence there for the purpose of schooling is not the residence declared 
essential for taxation, or the exercise of the right of sutfrage. — /?/., p. 504. 

Each district may determine upon what terms scholars from other districts- 
or towns may be admitted into their schools. If the district neglect to make 
such determination, the prudential committee may do it. — G. L., c. 80, §19, 
p. 208. 

§ 2. Must be yACCiNATED. IsTo child, unless he has 
been duly vaccinated or has had the small-pox, is entitled 
to attend any public school ; and the prudential commit- 
tees of the several districts, and those who exercise the 
powers of such committees, shall not allow any such 
child to be admitted to or connected with any such 
school. — G. L., c. 91, § 2, p. 221. 



SCHOLARS. 85 

§ 3. Scholars dismissed for misconduct. Any scholar 
may be dismissed from school by the school committee 
[school board] for gross misconduct, or for neglect or 
refusal to conform to the reasonable rules of the school ; 
and shall have no right to attend the school till restored 
by the school committee [school board]. — G. L., c. 91, 
§ 3, p. 221. 

Scholars may also be dismissed for misconduct out of school and school 
hours, if of a tendency to injure the school. — Sherman r. Charlestown, 
8 Gush., 160; Lander i\ Seaver, 32 Vt., 114. 

The power of expulsion vested in the school committee does not take from 
the master the right to use force, if necessary, to maintain his authority; and 
he may call upon others to assist him.— Stevens r. Fassett, 27 Me.,2GG. 

As to the power of a teacher to punish a pupil for misconduct out of school 
hours, the supreme court, in the case of Lander t\ Seaver, lay down the gen- 
eral rule as follows : — 

" It is conceded that his [the teacher's] right to punish extends to school 
hours; and there seems to be no reasonable doubt that the supervision and 
control of the master over the scholar extend from the time he leaves home 
to go to school till he returns home from school. Acts done to deface or in- 
jure the schoolroom, to destroy the books of scholars, or the books or ap- 
paratus for instruction, or the instruments of punishment of the master; 
language used to other scholars, to stir up disonler and insubordination, to 
heap odium and disgrace upon the master; writings and pictures placed so 
as to suggest evil and corrupt language, images, and thoughts to the youth 
who nutst frequent the school, — all such or similar acts tend directly to im- 
pair the usefulness of the school, theVelfare of the scholars, and the welfare 
of the master, and if committed after the dismissal of the school for the day, 
and the return of the pupil to his home, yet he may, on the pupil's return to 
school, punish him for any misbehavior, though committed out of school, 
Avhich has a direct and immediate tendency to injure the school and subvert 
the master's authority." 

When a person over twenty-one years of age attends as a scholar, the 
teachei- has the same authority over him as over the others. — Stevens v. 
Fassett, 27 Me., 206. 

A requirement by the teacher of a district school that scholars in grammar 
shall write English compositions, is a reasoiuible one, and if the scholar 
refuse he may be expelled. — Guernsej' r. I'itkin, :V1 Vt., 224. 

The rules and regulations for thenuinagenicnt and discipline of the schools 
are required to be recorded by the town clerk, in accordance Avith the pro- 
visions of chapter 89, section 10, of the General Laws. Whether or not the 
school board would have authority to dismiss a scholar for violation of any 
rule not recorded, has not been decided by the courts of this state; neither 
has the question been decided how much authority a member of the school 
board may exercise in this direction in the absence of any rule. 

In the case of Hodgkins r. Rockport, 105 Mass., it was decided that " The school 
committee has authority Jiot subject to revision, if exercised in good /aith, 
to exclude a pupil from a public school for misconduct which injures it« dis- 
cipline and management; and tlie expulsion of such a pupil from the school 
by a part of the committee, unanimously ratilied afterwards by the full com- 
mittee, is not an irregularity in the ex«n-cise of the authoritv.'"' The court in 
delivering the opinion in this case said : "Much of the power of the com- 
mittee, as to the preservation of order and discipline, must necessarily be 
delegated to its different members and the teachers, and must be exercised 
without any vote or record. We have no doubt that thej' may send a scholar 
out of school if the exigencies of the case require it, subject to the future 
action of the committee." 

In the case ot Russell v. Linnlield, 116 Mass., 365, where one member of the 
school committee of a town made a rule which was subsequently assented to 
by the other members of the committee, and for a violation of the rule a 
scholar was excluded from the school, it was held that the scholar was not 
unlawfully excluded, although there was no record made of the order of the 
7 



86 SCHOLARS. 

coinniittee. In lliis case the court said : " The school committee are required 
to have the general charge; and snperii^tendence of all the public schools in 
town, and to keep a record of their votes, orders, and proceedings. But this 
does not imply that sill rules and orders required for the discipline and good 
conduct of the schools slmll he matter of record with the committee, or 
that every act in regard to the management of each school in these re- 
spects should be authorized or confirmed by formal vote. It would be prac- 
tically impossible sulficiently to ]irovide for such matters by a system of 
rules, however carefully i^repared and promulgated. Much must necessarily 
be left to the individual members of the committee and to the teachers of the 
several schools.'* 

In the case of State r. Burton, 4.") Wis , I.IO, it is held that in matters where 
the board of control of public schools have made no regulations for the gov- 
ernment ot the schools, the teachers stand in loco parentis, and have inherent 
power to suspend pupils for cause. And in the discussion of the case the 
court say: " In the school, as in the family, there exists on the part of the 
pupils the obligations of obedience to lawful commands, subordination, civil 
deportment, respect for the rights of other pupils, and fidelity to duty. These 
obligations are inherent in any proper school system, and* constitute, so to 
speak, the common law of the'school. E; verj' pupil is presumed to know this 
law, and is subject to it, whether it has or has not been re-enacted by the dis- 
trict board in the form of written rules and regulations. Indeed, it would be 
impossible to frame rules which would cover all cases of insubordination 
and all acts of vicious tendency which the teacher is liable to encounter daily 
and hourly." 

§ 4. Scholars assigned to schools not to attend 
OTHERS. Xo scholar avIio sliall have l)ecn assigned to a 
particular school hy vote of the district, or bv the com- 
mittee authorized hy the district to assign the scholars to 
particular schools, shall have the right to attend any other 
school in the district until assigned thereto. — G. L., 
c. 91, § 4, p. 221. 

See G. L., c. 86, §§ 20, -21, p. 208; (c. 2, §§ 17,18 ante.) 

§ 5. Penalty for attending school withott right. 
If any scholar, after notice, shall attend or visit a school 
which he has no right to attend, or shall interrupt or 
disturb the same, he shall be fined for the tirst offense live 
dollars, and for the second offense he shall be fined ten 
dollars, or l)e imprisoned not exceeding thirty days. — 
G. L., c. 91, § 5, p. 221. 

^ 6. Town may make by-laws concerning truants. 
Any town may make by-laws concerning habitual truants 
and children not attending school, w^ithout any regular 
and lawi'ul occupation, between the ages of six and sixteen 
years, and to compel the attendance of such children at 
school, not repugnant to law; and uia}' annex penalties for 



SCHOLARS. 87 

the breach thereof not exceeding ten dollars for each 
offense.— G. L., c. 91, § 6, p. 22L 

§ 7. Offenders may be sent to industrial school. 
Any offender against such hj-laws, upon conviction, may, 
instead of such fine, be sentenced to the reform school 
[industrial school] for a term not exceeding one year. — 
G. L., c. 91, § 8, p. 221. 

§ 8. Offenders in default of fine may be committed 
TO industrial school. Any such offender, on conviction 
and sentence to pay such fine, may, in default of pay- 
ment, be committed to the reform school [industrial 
school] till the same be paid or he is otherwise discharged ; 
but the court or justice imposing such sentence may at 
any time discharge such offender, on proof that he is 
unable to pay said fine, and has no parent, guardian, or 
person chargeable with his support, able to pay it. — 
G. L., c. 91, § 9, p. 222. 

§ 9. Offender may give bond. Such offender so con- 
victed may give bond to the town in the penal sum of 
twenty -five dollars, with sufiicient sureties, approved by 
the court or justice before whom he was convicted, con- 
ditioned to attend regularly some district or other school 
kept in such town, for one term next ensuing, when the 
same is kept, to comply with the regulations thereof, and 
to be obedient and respectful to the teacher ; and his fine 
may thereupon be remitted by such court or justice on 
payment of the costs. — G. L., c. 91, § 10, p. 222. 

§ 10. Children under ten years of age not to be 
employed by manufacturing corporation ; penalty. No 
child under the age of ten years shall be employed by 
any manufacturing corporation in this state ; and any 
agent, superintendent, or overseer, in any corporation, 
wiio willfully employs, or permits to be employed, any 



88 SCHOLARS. 

child in violation of this act, shall, for such offense, be 
fined not less than twenty dollars nor more than one hun- 
dred dollars. — Laws of 1879, c. 21, § 1, p. 340. 

§ 11. Fine, to whom paid. Such fine shall be paid^ 
one half to the complainant, and the other half to the use- 
of the county where the offense was committed. — Laws^ 
of 1879, c. 21, § 2, p. 340. 

§ 12. Limitation. 'No prosecution under this act shall 
be sustained one year after the offense is committed. — 
Laws of 1879, c. 21, § 3, p. 340. 

§ 13. Children under sixteen not to be employed 
UNLESS. No child under sixteen years of age shall be em- 
ployed in an}' manufacturing establishment, unless he has 
attended some public school, or private day-school where 
instruction was given by a teacher competent to instruct 
in the branches taught in common schools, at least twelve 
weeks during the year preceding; and no child under said 
age shall be employed, except in vacation of the school in 
the district in which he resides, who cannot write legibly 
and read fluently in readers of the grade usually classed' 
as third readers. — G. L., c. 91, § 11, p. 222, as amended 
by Laws of 1881, c. 56, § 1, p. 475. 

§ 14. Children under fourteen. No child under the 
age of fourteen years shall be employed as aforesaid un- 
less he has attended school as aforesaid at least six months 
during the year preceding, or has attended the school of 
the district in which he dwelt the whole time it Avas kept 
during such year; and no child under twelve years of 
age shall be so employed unless he has attended the 
school of the district in which he dwelt the whole time 
it was kept during the year preceding. — G. L., c. 91,, 
§ 12, p. 222, as amended by Laws of 1881, c. 56, § 2^ 
p. 475. 



scholars. 89 

§ 15. Penalty for employing children under six- 
-TEEN. The owner, agent, or superintendent of any man- 
ufacturing establishment, or any person connected there- 
with, who shall employ in such establishment any child 
.under the age of sixteen years, without having a certifi- 
cate signed by a majority of the school committee [school 
board] of the town or city in which the child resides, or 
by such person or persons as they may designate for that 
purpose, that such child has attended school, as required 
hj sections eleven and twelve [§§ 13 and 14, ante~\ of this 
■chapter, shall be lined not exceeding twenty dollars for 
'Cach offense. — G. L., c. 91, § 13, p. 222, as amended by 
Laws of 1881, c. 56, § 3, p. 475. 

§ 16. Parents to send children to school. Every 
parent, guardian, master, or other person having the cus- 
tody, control, or charge of any child between the ages of 
eight and fourteen years, residing in any school district in 
which a public school is annually taught for the period 
x)f twelve weeks or more within two miles by the nearest 
traveled road from his residence, shall cause such child 
to attend such public school for twelve Aveeks at least in 
^very year, six weeks at least of which attendance shall 
be consecutive, unless such child shall be excused from 
such attendance by the school committee [school board] 
of the town, or the board of education of such district, 
upon its being shown to their satisfaction that the physi- 
cal or mental condition of such child was such as to pre- 
vent his attendance at school for the period required, or 
that such child was instructed in a private school or at 
home for at least twelve weeks during such year in the 
branches of education required to be taught in the public 
jschools, or, having acquired those branches, in other more 
Advanced studies. — G. L., c. 91, § 14, p. 222. 

§ 17. Notices to be posted by school board. The 



90 SCHOLARS. 

school committee of every town shall supply the pruden- 
tial committee of every district with notices of the pro- 
visions of the preceding section, particularly calling the 
attention of parents, guardians, masters, and others there- 
to; and it shall be the duty of said prudential committee 
to post, and keep posted such notices, not exceeding three, 
in the most public places in such district, and the neces- 
sary expense of procuring such notices shall be paid by 
the town. — G. L., c. 91, § 15, p. 222. 

As there are now no prudential committees and as the school board have 
all the duties of superintending school committee and in-udential comnaittee 
to perform, it would probably be considered a substantial compliance with 
the law if the school board should procure and post the notices as above 
provided. 

§ 18. Penalty ox parents, etc., how recovered. Any 
parent, guardian, master, or other person violating the 
provisions of the fourteenth section of this chapter [§ 16, 
antel shall forfeit and pay the sum of ten dollars for the 
£rst offense and the sum of twenty dollars for the second 
and every subsequent offense, to be recovered in an action 
of debt in the name of the district within whose limits 
the penalty was incurred, by the school committee [school 
board] of the town or board of education of such district. 
All penalties recovered shall be paid to the district and 
added to the school money thereof. — G. L., c. 91, § 16, 
p. 223. 

§ 19. Persons disturbing school, how punished. Any 
parent, guardian, or other person, not a member of the 
school, who shall willfully interrupt or disturb any school, 
shall be punished by a fine not exceeding fifty dollars, or 
by imprisonment in the county jail not exceeding thirty 
days. — G. L., c. 91, § 17, p. 223. 

§ 20. Duty of school board as to suits to recover 
penalties. School committees [school boards] and boards 
of education, respectively, shall sue for all penalties in- 



DUTIES OF SUPERINTENDENT. 91 

currecl under and institute prosecutions for all violations 
of the provisions of this chapter, and any school com- 
mittee [school hoard] or hoard of education to whom 
information has heen furnished of any case in which any 
such penalty has heen incurred, who shall neglect for ten 
days after receiving such information to l)ring a suit for 
the recovering thereof, unless such penalty shall sooner 
be paid without a suit, or unless upon investigating the 
matter during that time they shall l)ecome satisfied that 
they have heen misinformed, and that no such penalty has 
actually heen incurred, shall forfeit and pay the sum ot 
twenty dollars for each neglect, to he recovered by the 
selectmen of the town, in an action of debt in the name 
of the town; such penalty, when recovered, to be paid to 
the district in which the original penalty was incurred, 
and added to the school money thereof. All necessary 
expenses arising from prosecutions instituted in enforcing 
the provisions of this cliapter, shall be paid out of the 
toAvn treasury. — G. L., c. 91, § 18, p. 223, as amended by 
Laws of 188*5, c. G9, § 1, pp. 269, 270. 



ClIArTER YIII. 



INSTITUTES. 



Section 

1. Superintendont of public instruc- 

tion, how appointed, and tenure 
of ofHce. 

2. Duties prescribed. 

3. School boards to report to super- 

intendent. 

4. Penalty for neglect. 

.'i. Superintendent's report, how 
distributed. 

6. Superintendent to deliver lec- 

tures upon educational sub- 
jects. 

7. Lectures, where to be delivered 

and number. 



Section 

8. Teachers' institutes to be held 

by superintendent. 

9. Normal school teachers to attend 

institutes. 

10. Supenntendent when unable to 

attend institutes to appoint 
some person to conduct same. 

11. Expenses of institutes provided 

for. 

12. Expenses of institutes, how paid. 

13. Accounts of superintendent to 

be audited. 

14. Salary of sui)erintendent. 



§ 1. Superintendent oe public instruction, how ap- 
pointed. The governor and council shall ap})oint a super- 



92 DUTIES OF SUPERIIsTENDENT. 

inteudeiit of ])ublie instruction, who shall hold his office 
for the term of two years, and shall have general super- 
vision and control of the educational interests of the 
state. — G. L., c. 92, § 1, p. 223. 

§ 2. Duties prescribed. The superintendent of public 
instruction shall prescribe the form of register to be kept 
in the schools, and the form of blanks and inquiries for 
the returns to be made b}^ the school committees [school 
boards], and seasonably send the same to the clerks of the 
several towns and cities for the use of the several school 
committees [school boards] therein ; and shall receive, 
preserve, or distribute all state documents in regard to 
public schools or education, and receive and arrange 
in his office reports and returns of school committees 
[school boards] ; shall investigate the condition and effi- 
ciency of the system of populai- education in this state ; 
shall pursue such a course for the purpose of awakening 
and guiding public sentiment in relation to the prac- 
tical interests of education as may seem to him best and 
the nature of the duties of the office will permit ; and 
shall annually make a report, containing such a concise 
abstract of the returns of the school committees [school 
boards] as he may deem useful, a detailed report of his 
own dmngs, and the condition and progress of popular 
education in the state, and such suggestions and recom- 
mendations in regard to improving the same as his infor- 
mation and judgment may dictate; and shall discharfice 
such other duties as maybe assigned him by law. — G. L., 
c. 92, § 2, pp. 223, 224. 

§ 3. School boards to send to superintendent a copy 
or their report. The schc^ol committee [school l)oard] 
of each town shall, before the first Wednesday of April, 
annually transmit to the superintendent of public instruc- 
tion a c()[>y of the report by them presented to the .town, 



DUTIES OF SUPERINTENDENT. 93 

and answers, according to tlie forms provided, to all such 
questions, as may l)e proi>osed l)y said superintendent of 
public instruction relating to the appropriations of school 
money received, the studies pursued in the schools, the 
methods of instruction and discipline adopted, the condi- 
tion of schoolhouses, and any other subject relating to 
schools. — G. L., c. 92, § 3, p. 224. 

§ 4. Penalty for nectLect. The school committee 
[school l)oard] of any town who shall neglect to make 
the return aforesaid, agreeably to the preceding section, 
shall be fined not exceeding fifty dollars. — Gr. L., c. 92, 
§ 4, p. 224. 

§ 5. Superintendent's report, how distributed. The 
superintendent of public instruction shall procure, under 
authority of tlie secretary of state, and at the expense of 
the state, four hundred copies of the report to l)e printed 
yearly, and lay them l:)efore the general court, to be dis- 
posed of at their discretion, one hundred copies for the 
purpose of exchange with other states and for distri- 
bution among the friends of education, and one additional 
€opy for each town, ward, and incorporated place hav- 
ing ten legal voters. — (4. L., c. 92, § 5, p. 224. 

It is also the duty of the superinteiuleut of public Instrviction, in his annual 
report, to state the condition of tlie State Normal School, the terms of admis- 
sion and graduation, and the times of the commencement of the sessions; and 
to cause to be iirinted on the cover of the school register a statement of the 
terms of admission and graduation, and the times of the commencement of 
the sessions of the school. — G. L., c. !)3, § 4, p. 22'); see c. i), § 34, x>ost. 

§ 6. Superintendent to visit and lecture in towns. 
The state superintendent of public instruction shall visit 
and lecture upon educational subjects in as many towns 
and cities of the state during each term of his oifice as 
the time occupied by his other otficial duties will permit. 
— Laws of 1881, c. 7i), § 1, p. 489. 

§ 7. Superintendent to visit as many towns as prac- 
ticable. It shall be the duty of the said superintendent to 



94 DUTIES OF SUPERINTENDENT. 

visit each town in the state as often as is praeticable, the 
number of towns so visited and the number of lectures 
given not to l>e less than sevent y-tive each year ; and the 
iirst seventy-five lectures given each year shall be in those 
towns having the smallest number of inhabitants, and the 
lectures during each year shall be distributed among the 
different counties, so that each part of the state may 
receive its proportionate share of attention. — Laws of 
1881, c. 76, § 2, p. 489. 

§ 8. Teachers' institutes to be held annually in 
EACH COUNTY. It shall be the duty of the state superin- 
tendent of public instruction, in addition to his other 
duties, to organize, superintend, and hold at least one 
teachers' institute each year in each county of the state, 
and to appoint the time and place, and make suitable 
arrangements therefor. — Laws of 1883, c. 73, § 1, p. 49. 

§ 9. XORMAL SCHOOL TEACHERS TO ATTEND INSTITUTES. 

It shall be the duty of the principal and teachers of the 
state nornuvl school to assist and give instruction at said 
institutes, so far as they can without interfering with their 
duties in said normal school ; and the superintendent of 
public instruction and the principal and teachers of the 
state normal school shall receive no additional compen- 
sation, except for travel and other actual and necessary 
expenses, while so employed. — Laws of 1883, c. 73, § 2, 
p. 49. 

§ 10. Superintendent when unable to attend insti- 
tutes TO appoint some person to conduct. The super- 
intendent of public instruction, in case he is unable for 
any cause to conduct in person any institute, or to make 
the necessary arrangements therefor, shall appoint the 
principal of the state normal school, or some other suit- 
able person, for that purjtose. — Laws of 1883, c. 73, § 3, 
p. 49. 



DUTIES OF SUPERINTENDENT. 95 

§ 11. Expenses of institutes provided for. For 
the purpose of defraying the necessary expenses of such 
institutes, the state treasurer is hereby authorized and 
instructed to invest, as a permanent institute fund, the 
proceeds of the sale of the state hands, eifected under the 
authority of a joint resokition approved June 28, 1867, 
and which by a subsequent act, approved July 3, 1868, 
was set apart for the purposes of common school educa- 
tion, in such way and manner as the legislature might 
determine, and the annual income of said funds shall be 
and is hereby set apart for the support of teachers' insti- 
tutes. —Laws of 1883, c. 73, § 4, p. 49. 

§ 12. How paid. The superintendent of public in- 
struction may draw upon the state treasurer each year 
for such part of the annual income of said institute fund 
as may be necessary to defray necessary expenses of such 
institutes, and for procuring suitable instruction and 
lectures for the same. — Laws of 1883, c. 73, § 5, p. 49. 

§ 13. Accounts of superintendent to be audited. 
The account of the superintendent of public instruction 
for the expenses of said institutes shall be audited each 
year by the governor and council, and said superintendent 
shall incorporate in his annual report a report of said 
institutes, and his account for the expenses of the same. 
— Laws of 1883, c. 73, § 6, p. 50. 

§ 14. Salary of superintendent. That the state 
superintendent of public instruction shall receive in full 
for salary and expenses, other than clerk hire, the sum of 
twenty-five hundred dollars per annum ; and shall occupy 
as an office such portion of the state house as the gov- 
ernor and council may deem ex})edient. — G. L., c. 92, 
§ 6, p. 224, as amended by Laws of 1885, c. 77, § 1, p. 275. 



96 STATE NORMAL SCHOOL. 



CHAPTER IX. 



STATE NORMAL SCHOOL. 



Section 

1. Normal school continued; its 

object; Instruction thei-ein. 

2. Trustees of school and their 

duties. 

3. Courses of study prescribed. 

4. Superintendent of public instruc- 



Section 

tion to report condition of 
school. 

5. Tuition free conditionally. 

6. Trustees to make contracts for 

free tuition. 

7. Annual appropriation for school. 



§ 1. ISTORMAL SCHOOL CONTINUED ; ITS OBJECT. The Xew 

Hanipshire State Xormal School, as heretofore estabhshed 
and located at Plymouth, is hereby further established 
and continued for the training of teachers for the com- 
mon schools of the state. The instruction in said school 
shall be confined to sucli branches as will specially pre- 
pare the pupils to teach in said common schools, and to 
such branches as are usually taught in normal schools ; 
and the school shall be in session at least twenty weeks in 
each year. — a. L., c. 93, § 1, p. 225. 

§ 2. Trustees of school and their duties. The man- 
agement of said school shall be vested in a board of trus- 
tees, composed of the governor, the superintendent of 
public instruction, and five persons, to be appointed by 
the governor, with the advice and consent of the council, 
and to hold said office two years. Said board shall choose 
from its members a president and secretary of the board, 
and such committees and other officers as may be neces- 
sary to transact its business, but may choose a person for 
treasurer who is not a member of the board. Said trus- 
tees shall receive no compensation for their services, but 
shall be paid their reasonable expenses while en2:aged in 
the performance of their duties. They shall select and 
employ a principal teacher for the school, who shall be 
allowed, with their advice and consent, to select the as- 
sistants, and provide for the discipline of the school, and 



STATE NORMAL SCHOOL. 97 

they shall have the general management, supervision, and 
control of the school. They shall meet at least once in 
each year, when it shall be the duty of all to be present. 
— G. L., c. 93, § 2, p. 225, as amended by Laws of 1879, 
c. 45, §1, p. 360. 

§ 3. Courses of study prescribed. The trustees, with 
the principal of the school, shall arrange two courses of 
study for the school, and control the examinations for 
admission and graduation. One course of study shall 
include all branches required by law to be taught in the 
common schools of Xew Hampshire, and shall require 
for its completion at least one school year. The other 
course shall include the higher branches, in addition to 
those included in the first course, and shall require for its 
completion at least two school years. Certificates of 
graduation shall be issued to those who pass the required 
examinations in these several courses. — G. L., c. 93, § 3, 
p. 225. 

§ 4. Superintendent of public instruction to report 
CONDITION OF SCHOOL. The Superintendent of public 
instruction, in his annual report, shall state the condition 
of the school, the terms of admission and graduation, and 
the times of the commencement of the sessions ; and 
shall cause to be printed on the cover of the school regis- 
ter a statement of the terms of admission and graduation, 
and the times of the commencement of the sessions of the 
school.— G. L., c. 93, § 4, p. 225. 

§ 5. Tuition free conditionally. Tuition and grad- 
uation in the state normal school shall be free to all those 
completing either or both of its prescribed courses of 
study, upon condition that they shall, in consideration 
thereof, agree to teach in the schools of this state for a 
period equal to the time of said course or courses of study 
so completed. — G. L., c. 93, § 5, p. 226. 



98 state normal school. 

§ 6. Trustees to make contracts for free tuition. 
The trustees of said school shall make such provisions for 
the making, entering into, and carrying out suitable and 
proper contracts or agreements with those desiring free 
tuition, as shall carry out the provisions of the preceding 
section. — G. L., c. 93, § 6, p. 226. 

It is the duty of the principal and teacliers of the school to assist and give 
instruction at teachers' institutes so far as they can without interfering Avith 
their duties in the school ; but while so employed are not to receive additional 
compensation except for travel and other actual and necessary expenses. — 
Laws of 1883, c. 73, § 2, p. 49; see c. 8, § 9, ante. 

§ 7. Annual appropriation for school. The sum of 
five thousand dollars is annually appropriated for the 
maintenance of said school, said sum to be expended as 
the trustees of said school shall direct. — Laws of 1879, 
c. 45, § 2, p. 360. 



IN DFX 



PAGE 

ABSENTEES from school, towns may make by-laws concerning SO 

ACADEMY, boards of education may contract with 34 

town or district may contract with 83 

ACTION OF DEBT against parents neglecting to send child to school 90 

school board neglecting to sue for penalties 90 

selectmen for neglect to assign money 7 

selectmen to bring, against school board for neglect. . 90 

ALIENS not to vote at district meeting 27 

ANNUAL MEETING, application to justice to call 23 

justice to call on neglect of school board 21 

when to be called 20 

APPLICATION to justice to call annual meeting 23 

to justice to call special meeting 24 

to school board for special meeting 24 

to selectmen to appoint clerk 31 

See Petition. 

APPOINTMENT of clerk, form ot 31 

in place of selectman disqualified, form of. 40 

to fill vacancy in county commissioners, form of 49 

of prudential committee of high school 

district 77 

APPRAISAL of property of districts abolished, how made 12 

union districts abolished, how made 13 

ASSESSMENT of schoolhouse taxes, collector's duty 58 

schoolhouse taxes, how made 58 

schoolhouse taxes, new invoice when 58 

school tax, how made 5 

ASSESSORS to make enumeration of children 74 

BANKfTAXto constitute literary fund 9 

BARBED WIRE not to be used for fencing next school lot, penalty 57 

whom to prosecute 57 

BOARD OF EDUCATION chosen in what districts 33 

compensation of 34 

how constituted 33 

how elected 33 

may contract for education of scholars 34 

organization of 34 

powers of 34 

to elect truant officer 71 

to make report to district 35 

to make report to town 35 

to sue for penalties 90 



100 INDEX. 

PAGE 

BOOKS may be changed when and how often 67 

school board to furnish scholars with, when 68 

to be provided by parents 68 

See School books ; Text-books. 

BY-LAW, town may provide for election of superintendent of schools by 73 

BY-LAWS concerning truants, towns may make 86 

offenders against may give bond 87 

offenders against maybe sent to industrial 

school 87 

may be fined 87 

CERTIFICATE of character of teacher, form of 61 

posting warrant, form of. 22 

qualification to be given teacher by school board 60 

qualifications of teacher, form of 61 

qualification, teacher not to be employed without 62 

return of register to be given teacher 69 

return of register, teacher not to be paid without 69 

vote to raise money 29 

CHECK-LIST, form of. 26 

for district meeting, form of petition for 26 

to be used at district meeting on petition 25 

district meeting on vote .' 27 

special town meeting, when 6 

CHILDREN, assessors and selectmen to make enumeration of 74 

school board may furnish books to 68 

to be provided with books by parents 68 

to be sent to school by parents 89 

penalty for neglect 90 

under fourteen not to be emi:)loyed in manufacturing corpo- 
rations unless 88 

under ten not to be employed in manufacturing corporations 87 
under sixteen not to be employed in manufacturing corpo- 
rations unless 88 

penalty for 89 

See Scholars. 

CLERK OF DISTRICT, duties of 29 

form of appointment of. 31 

to record warrant for meeting 21 

vacancy in oflice of, how filled 31 

COLLECTOR OF TAXES, duty on assessment of schoolhouse tax 58 

powers of in district in two towns 18 

COLLEGE, boards of education may contract with 34 

COLLEGE GRANT, literary fund when paid to 10 

COMMITTEE of district, powers limited 39 

COUNTY COMMISSIONERS, fees of, how paid 46 

form for filling vacancy in 49 

may locate high school house, when 79-81 

may enlarge schoolhouse lot on petition — 49 

order of, locating schoolhouse 47 

locating high school house 81, 82 

order of notice of, on petition to locate high 

school lot 80 



INDEX. 101 

PAGE 

COUNTY COM3IISSIONEKS, order of notice of, on petition to .locate 

schoolhouse 47 

petition to, to locate high school house. . 80-82 

schoolhouse — 4(5 

proceedings before, on locating school- 
house 45, 80-82 

to locate schoolhouse, when 48 

high schoolhouse, when 79, 85 

vacancy in hoard of, hOAv filled 48 

DEBTS, district may raise money to pay 8, 16 

DISTRICT. See School District. 

DISTURBING SCHOOL, how punished 90 

DOG TAX, may be applied to support of schools.' 11 

EXECUTION against district, how paid CO 

FACTORIES. See Manufacturing Corporations. 
FINE. See Penalty. 

FORM of application to justice to call annual meeting 23 

special meeting 24 

to school hoard to call special meeting 24 

to selectmen to appoint district clerk 31 

appointment in place of one disqualified 40 

of clerk 31 

of member of board in place of one disquali- 
fied 40 

when whole board disqualified 41 

article in warrant to build schoolhouse 3(> 

certificate of character (jl 

posting warrant . . 22 

return of school register (59 

vote to raise money 29 

note of school district 15 

jiotice to teacher dismissed 04, 65 

oath of ofiice 28 

order of county commissioners locating high school house. .81, 82 

schoolhouse 47 

order of notice by county commissioners locating high school 

house ...81, 82 

of county commissioners locating school- 
house 47 

by school board on petition to dismiss teacher 63 

on petition to locate schoolhouse 42 

by selectmen on petition to build schoolhouse 54 

laying out schoolhouse lot 52 

appraising school lot 51 

order of school board dismissing teacher incapable 04 

on petition 63 

locating schoolhouse 43, 44 

order of selectmen on petition to remove schoolhouse 56 

to build schoolhouse 55 

laying out high school lot 79 

schoolhouse lot ,53 



102 INDEX. 

PAGE 

FORM Of petition for check-list for district meeting 26 

for dismission of teachers 62 

to county commissioners to locate high school 

house 80, 82 

to county commissioners to locate schoolhouse 46 

to fill vacancy in county commissioners 49 

to school board to dismiss teacher 62 

to locate schoolhouse 42, 44 

of selectmen to justice of supreme court to fill va- 
cancy 41 

to selectmen to build schoolhouse 54 

to appraise schoolhouse lot 50 

to lay out high schoollot 78 

to lay out schoolhouse lot 52 

to remove school house 56 

to repair schoolhouse 55 

record of district meeting 30 

I'eport by school board 71 

of committee locating schoolhouse 37, 38 

of selectmen of enumeration of children 74 

school regulations 66 

teacher's certificate .... 61 

vote to locate schoolhouse 37, 38 

warrant for annual meeting 22 

by Justice 23 

special meeting 24 

FUEL may be purchased from school money 6 

FURNITURE, district may raise money for school 36 

HEARING before county commissioners on locating schoolhouse 45 

HEARINGS before town and district officers, provisions respecting 39, 40 

HIGH SCHOOL, committee how elected 76 

district may establish, when . . 75 

school money may be used for support of. 76 

town may establish ,. 75 

committee, powers of 77 

committee, school board to act as, when 77 

district, county commissionei'S to locate schoolhouse 

in, when 79, 81 

districts may unite to form 76 

high school committee, how elected 76 

high school committee's powers 77 

liow formed 75 

may appropriate school money for high school. . 76 

may purchase lot for schoolhouse 77 

may raise money for support of high school 76 

petition of, to selectmen to lay out high school 

house lot 78 

powers of. 75 

prudential committee of, may be chosen 77 

vacancy in, how filled 77 

school board not to locate high school house in. . 82 
to act as high school committee, 

when 77 



INDEX. 103 

PAGE 

HIGH SCHOOL HOUSE, county commissioners to locate, when 79, 81 

order of county commissioners locating 81 , 82 

notice of county commissioners on peti- 
tion to locate 80 

petition to county commissioners to locate 80, 82 

school board not to locate 82 

lot, order of notice of selectmen on petition to 

lay out 73 

order of selectmen laying out 79 

petition to selectmen to lay out 78 

selectmen to laj' out, when 77 

may be purchased 77 

ILLEGAL VOTING, punished, how 27 

INDUSTRIAL SCHOOL, truants may be sent to 87 

INSTITUTES. See Teachers' Institutes. 

INSURANCE, district may procure , 16 

JOINT schoolhouses 17 

JUSTICE, application to, to call annual meeting ^ 2;{ 

special meeting 24 

to call district meeting, Avhen 21 

warrant of, for annual meeting 23 

LITERARY FUND, how applied 10 

how assigned 9 

how established 9 

may bejused to purchase school apparatus 68 

penalty for jnisapplication , . . . 10 

savings bank tax added to 9 

school apparatus and furniture may be purchased from 10 

to be added to school money 10 

unincorporated places not to receive, unless 9 

when paid to Second College Grant 10 

Wentworth's Location 10 

MANUFACTURING CORPORATIONS, children under fourteen not to be 

employed in, unless 88 

children under ten not to be em- 
ployed in 87 

children under sixteen not to be 

employed in, unless 88 

penalty for employing children in 89 

MAP of New Hampshire may be purchased by school board and selectmen 6 

MISCONDUCT, scholars may be dismissed for 85 

MODERATORof district, how elected 28 

powers of 28 

NORMAL SCHOOL. See State Normal School. 

NOTICE to district, how given 39,43-45 

OFFICERS of district... 28 

how elected 28 

OATH of office 28 

ORDINANCE providing for election of superintendent of schools, city 

may„make 73 



104 INDEX. 

PAGK 

PARENTS disturbing seliool, punished how 90 

of scholars to supply books 68 

to send children to school 89 

penalty for neglect to send 90 

PENALTY for disturbing school .. 90 

employing children under sixteen years 89 

children under ten years 87 

to whom paid 88 

illegal voting 27 

neglect of school board to send superintendent of public 

instruction copy of report 93 

neglect of school board to sue for penalties incurred 90 

neglect of selectmen to assess, etc. school monej' 7 

to send children to school 90 

scholar attending school without right 8ft 

misapplying literary fund 10 

misapplication Of school money S 

using barbed wire for fencing next school lot 57 

PENALTIES recovered to be added to school money 11, 91 

school board to sue for 90 

town to pay expense of recovery 91 

PETITION of selectmen to justice of supreme court to fill vacancy 41 

to county commissioners to locate high schoolhouse 80, 82 

schoolhouse 46 

justice to call annual meeting 2S 

special meeting 24 

of supreme court to fill vacancy in board of county 

commissioners 49 

school board to call special meeting 24 

dismiss teacher 62 

locate schoolhouse 42, 44 

post check-list, form of. 26 

selectmen to appoint clerk 31 

appraise school lot 50 

build schoolhouse 54 

lay out high school lot 78 

lay out schoolhouse lot .52 

remove schoolhouse 56 

repair schoolhouse 55 

POOR CHILDREN to be supplied with books 68 

PRUDENTIAL COMMITTEE, dismissed how 32 

duties of 32 

for high school district 77 

how chosen 28 

may admit scholars from other districts.... 16 
may be authorized to provide conveyance 

of scholars to school 18 

misapplying school money, fined 8 

school board to perform duties of. 59 

to post check-list when 25 

warrant for district meeting 19, 20 

to prosecute for use of barbed wire fence. . . 57 
to recover penalty against selectmen neg- 
lecting to assess, etc 7 



INDEX. 105 

PAGE 

PRUDENTIAL COMMITTEE, to warn district meetings 19, 20 

vacancy in office, how filled 31 

PUBLIC PLACES, what are 20 

RAILROAD TAX to be appropriated how 11 

RECORD of district meeting 30 

vote to raise money 29 

RECORDS of districts abolished to be preserved 13 

REGISTER to be furnished teacher by school board 68 

kept by teacher 68 

returned by teacher 69 

teacher not to be paid till returned 69 

REPAIRS, school money may be used for 6 

REPORT of board of education to be made to district 35 

to school board 35 

of committee locating schoolhouse 37, 38 

of school board to be made to town 70 

sent- to superintendent of public instruction 92 

superintendent of public instruction to make 92 

SCHOLARS from other towns, districts may admit 16 

may be classed by district 16 

by school board 17 

may be conveyed to school 6 

in special districts 18 

may be dismissed for misconduct 85 

may be furnished with free school books 15 

may be sent to other districts 18 

must be vaccinated 84 

not to attend school without consent of school board 84 

penalty for attending school without right 86 

to attend school to which assigned 86 

to be provided with books by parents 68 

who are 84 

SCHOOL APPARATUS, district may raise money for .'56 

may be purchased from literary fund 10, 68 

SCHOOL BOARD, compensation of 72 

decision of, binding how long 40 

how elected . 59 

may admit scholars from other towns 16 

may class scholars 17 

may change text-books, when 67 

may dismiss scholars for misconduct 85 

may elect and remove truant officer 72 

may elect member to visit schools 69 

may enlarge schoolhouse lot on petition 49 

may make regulations regarding free school books 15 

may prescribe rules for schools 65 

may prescribe studies for schools 61 

may use school money to convey scholars to school. . . . 

misapplying school money, penalty 8 

not to locate high school house 82 

order of, dismissing teacher 63, 65 



106 INDEX. 

PAGE 

SCHOOL BOARD, order of, on locating schooUiouse 43, 44 

notice of, on locating schoolhouse 42: 

on petition to dismiss teaclier 63 

petition to, for special meeting 24 

to dismiss teacher 63 

to locate schoolhouse 42, 44 

to post check-list 26 

register to be returned to 69- 

scholars not to attend school without consent of 84 

school money to be paid to 7 

teacher to return register to 69 

term of oflice 59 

to allow teachers to attend institutes 73 

to attest warrant for district meeting 19, 21 

to dismiss teacher incapable 64 

on petition 62 

to call special meetings, when 20 

to elect truant officer 71 

to examine teachers 60 

to furnish register to teacher 68 

scholars with books, when 68 

to give teachers certificate of qualification 60 

to hire teachers 60 

to issue warrant for district meeting, when 20 

to locate schoolhouse, when 39, 44 

to notify teacher dismissed 65 

to perform duties of superintending and prudential 

committees . . 59 

to post check-list, when 25, 27 

notices of duty of parents to send children to 

school 89 

to prosecute for use of barbed wire for fence . 57 

to provide schools 59 

to recover penalty against selectmen neglecting to 

assess, etc. school money 7 

to report to town annually 70 

to send copj' of report to superintendent of public in- 
struction 92 

penalty for neglect to send copy of report 93 

to sue for penalties 90 

penalty for neglect to sue 90 

to visit schools 69 

to warn district meeting 19 

vacancies in, how filled 59 

wan-ant of, for annual meeting 22 

and selectmen may purchase map of New Hamp- 
shire 6 

school apparatus.. 10, 68 

SCHOOL BOOKS, district may make regulations regarding free 15 

parents to furnish childi'en with 67 

poor children may be furnished with 68 

scholars may be furnished with free 15 

school board may change, when 67 



INDEX. 107 

PAGE 

SCHOOL BOOKS, school board may make reguliitions regarding free — 15 

town may make regulations regarding free 15 

See Books ; Text-books. 
SCHOOL COMMITTEE. See School Board. 

SCHOOL DAY, what constitutes 73 

SCHOOL DISTRICTS abolished 12 

property of, to be appraised 12 

union, how appraised 13 

tax to pay for 12 

records to be preserved 13 

to enjoy benefit of trust funds 13 

town to take possession of property of. . 12 

committee of, powers limited — 39 

clerk's duties 29 

corporate powers to continue 17 

deemed in what town 17 

division of towns into, abolished 12 

execution against, how paid 60 

first meeting, how called 13 

joi}it, entitled to share of school money. . . 18 

laws relating to, to continue in force 14 

may admit scholars from other tOAvns 16 

may be re-established after five years 13 

may class scholars 16 

may contract with academy S3 

may establish high school , ^vhen 75 

may hire money to build schoolhouse 15 

may grant use of schoolhouse for what purposes. . . 57 

may locate schoolhouse 36 

may make regulations regarding free school books 15 

may procure insurance 16 

may raise money for school apparatus and furniture 36 

for schoolhouse and lot. — 36 

for schools 8, 16 

to pay debts 8, 16 

to pay fees of county commissioners 46 

to supply scholars with books 15 

may make regulations therefor 15 

may unite in support of schools 17 

to form high school district 76 

may vote to convey pupils to school.. IS 

to send pupils to adjoining districts 18 

moderator's powers 28 

neglecting to purchase school lot, selectmen to ap- 
praise — 50 

note, form of. 15 

notice to, how given 39, 43-45 

officers of. — 28 

how elected 28 

when elected 20 

vacancies in, how filled 31 , 59 

organized under special acts to continue 12 

special , may unite with town district 14 



108 INDEX. 

PAGE 

SCHOOL DISTRICTS, petition of, to set off school lot 52 

powers of. 14 

I)owers of town officers in special 18 

refusing to build schoolhouse, selectmen may build 53 

statutes relating to particular, to remain in force 83 

tax to pay for money hired by 15 

to be a corporation 14 

town to constitute a single 12 

SCHOOL DISTRICT MEETINGS, application to justice to call 23 

check-list used at, on petition 25 

on vote 27 

form of warrant for annual 22 

for special 24 

how warned 19 

illegal voting at, how punished 27 

justice to call when 21 

record of proceedings of 30 

special, application to justice for 24 

to school board for 24 

when to be called 20 

warrant for, how served 10 

warrant for, to be returned to clerk 21 

warrant of justice for 23 

warrant of school board for 22, 24 

where held 20 

when to be called 20 

who may vote at 25 

SCHOOL FUND, how created 10 

income applied to teachers' institutes 11, 05 

SCHOOLHOUSE, district may hire money to build 15 

grant use of, for what purposes 57 

locate 3G 

raise money to build 36 

tax to pay for 15 

article in warrant to build 36 

county commissioners to locate, when 45 

for high school, when. . 81 

fees of county commissioners on locating, how paid 4G 

high school district may purchase lot for 77 

joint 17 

joint, monej' may be raised for 17 

order of county commissioners on petition to locate 47 

to locate lot for high 81, 82 
notice of county commissioners on petition to 

locate 47 

notice of county commissioners on petition to 

locate lot for high 80 

notice of school board on petition to locate — 42 

selectmen on petition to build 54-5(5 

selectmen on petition to lay out lot 

for high 78 

school board locating 43, 44 

selectmen on petition to build 55, 56 

selectmen on petition to lay out lot for high. . . . 70 



INDEX. 109 

PAGE 

SCHOOLHOUSE, order of selectmen on petition to remove 56 

petition of district to selectmen to set ott" lot for 52 

to county commissioners to locate 46 

to county commissioners to locate high 82 

to school board to locate ^ 42-44 

to selectmen to build 54,56 

to selectmen to remove 56 

to selectmen to repair 55 

powers of committee to bind district 39 

proceedings before county commissioners on locating. . 45 

report of committee locating 37, 38 

to be recorded 39 

school board to locate if district do not agree 44 

school board to locate on petition 39 

school board not to locate high 83 

schools to be kept in 57 

selectmen to build when 53 

tax to pay for money hired to build 15 

taxes, collector's duty regarding 58 

how assessed 58 

selectmen to make new invoice when ... 58 

vote of district locating 37, 38 

voters aggrieved by location may apply to county com- 
missioners 45 

voters aggrie\'ed by location may apply to school board. 39 

SCHOOLHOUSE LOT, barbed wire not to be used for fencing next 57 

district may raise money for 36 

for high school, how laid out 77 

high school district may purchase 77, 81 

may be enlarged, how 49 

order of county commissioners on petition to locate 47 
order of county commissioners on petition to locate 

high 81, 82 

notice of county commissioners on petition 

to locate 47 

notice of county commissioners on petition 

to locate high- 80 

notice of selectmen on petition to appraise 52 

notice of selectmen on petition to lay out. . 52 
notice of selectmen on petition to lay out 

for high school 78 

selectmen on petition to appraise.. . , 53 

selectmen on petition to lay out 53 

selectmen on petition to lay out for high 

school 79 

petition to county commissioners to locate 46 

high. .80, 82 

to selectmen to appraise .50 

to lay out .52 

to lay out high 78 

proceedings in locating, how conducted 39 

report of committee locating 37, 38 

selectmen to appraise when 50 



110 INDEX. 

PAGE 

SCHOOLHOUSE LOT, selectmeu to laj^ out for high school wlien 77 

to set off when 51 

title to vest in district when and how long 53 

vote of district locating 37 

See Schoolhouse. 
SCHOOL MEETINGS. See School District Meetings. 

SCHOOL MONEY, amount to he raised 5 

district may raise additional 8, 16 

dog tax may he added to — 11 

how applied 6 

how assessed 5 

how assigned 6 

joint districts entitled to share of 18 

literai-y fund added to 10 

may be used for high school 76 

to convej' scholars to school 6, 18, 60 

for repairs 6, 60 

to purchase fuel 6, 60 

to purchase map ot New Hampshire 6, 68 

to purchase school apparatus 10, 68 

not to be used to pay insurance 16 

penalty for misapplication 8 

penalties recovered to be added to 11, 91 

selectmen neglecting to assess, etc., penalty 7 

to draw order on town treasurer for — 7 

to be paid to school board 7 

town may raise additional 6 

town treasurer to disburse 7 

SCHOOL MONTH, what constitutes 73 

SCHOOL REGISTER, superintendent of public instruction to prescribe 

form of 92 

to be furnished by school board 68 

to be kept by teacher 68 

to be returned by teacher 69 

SCHOOL REGULATIONS, form of 66 

to be recorded by town clerk 65 

SCHOOL TAX, amount and how assessed 5 

SCHOOL TEACHERS. See Teachers. 

SCHOOL WEEK, what constitutes 73 

SCHOOLS, children not attending, towns may make by-laws concerning. . 86 

offenders against may be sent to industrial school 87 

district may raise money for support of 8 

districts may unite in support of 17 

dog tax may be applied to support ot 11 

literary fund to be applied to support of 10 

notices of duty of parents to send children to, to be posted by 

school board 89 

offenders against, may be fined 87 

parents to send children to 89 

penalty for attending without right 86 

persons disturbing, how punished 90 

railroad money may be applied to support of 11 

scholars not to attend without consent of district or scliool 

board S-i 



INDEX. Ill 

PAGE 

SCHOOLS, scholars to attend those to which assigned 86 

school hoard may elect nieniher to visit 69 

to provide 59 

to prescribe rules for 65 

to prescribe studies for 61 

to visit 69 

money to be used for support of. 6 

to be visited by school board 69 

where to be kept 57 

SECOND COLLEGE GRANT, literary fund, Avhen paid to 10 

SELECTMEN, decision of, binding, how long 40 

neglecting to assess, etc., school money, penalty • 7 

order of notice of, on petition to appraise school lot 51 

to build schoolhouse 54 

to lay out high school lot — 78 

to 1 ay out school lot 52 

on petition to build schoolhouse 55, 56 

to lay out high school lot 79 

to lay out school lot 52 

to remove schoolhouse 56 

petition to, to appraise school lot , 50 

to build schoolhouse 54-56 

to lay out high school lot 78 

to lay out school lot 52 

to repair schoolhouse 55 

to remove schoolhouse 56 

powers of in district in two towns 18 

proceedings of, to be recorded 39 

school board and, may purchase map of New Hampishlre. . 6, 68 

school apparatus 10, 68 

to appraise schoolhouse lot, Avhen 50 

to assess school tax 5 

to assign school money 6 

to build schoolhouse, when 53 

to call first meeting of tow^n district 13 

to dismiss prudential committee, when 32 

to draw order on town treasurer for school money 7 

to fill vacancy in ofHce of clerk 31 

to lay out high school lot, when 77 

to make enumeration of children 74 

to make new^ invoice, when 58 

to prosecute for use of barbed-wire fence 57 

to set olf school lot, when .51 

SEMINARY, boards of education may contract with 34 

town or district may contract with S3 

STATE LANDS, income of sale of, to be applied to teachers' institutes.. . 95 

proceeds from sale of, to constitute school fund 10 

STATE NORMAL SCHOOL, annual appropriation for 98 

course of study in 97 

instruction in 96 

object ot 96 

superintendent of public instruction to re- 
port condition of 97 



112 INDEX. 



PAGE 

STATE NORMAL SCHOOL, teachers ot, how selected 96 

to assist at institutes 98 

trustees of 96 

how appointed 96 

may make contracts for free 

tuition 98 

organization of 96 

powers of 96 

tuition free, conditionally 97 

STATUTES relating to particular places or districts to remain in force... . 83 

SUPERINTENDENT OF PUBLIC INSTRUCTION, accounts of, to be audited 95 

duties of. 92 

how appointed 91 

report of, how distributed 93 
reports of school hoard to 

be sent to 92 

tenure of office 92 

to hold teachers' insti- 
tutes 94 

to report condition of 

normal school 97 

to visit and lecture in 

towns • 93 

to visit as many towns 

as practicable 93 

salary of 95 

when unable to attend 
teachers' institutes to 
appoint some person 

to conduct 94 

SUPERINTENDENT OF SCHOOLS may be elected, how 73 

powers of 73 

SUPERINTENDING SCHOOL COMMITTEE. See School Board. 

TAX of parent ; cost of school books added to 68 

on dogs may be applied to support of schools 11 

on ward's property, where assigned 7 

railroad, may be applied to support of scliools 11 

savings bank, added to literary fund 9 

to be levied to pay for property of districts abolished 12 

to pay for money liired to build schoolhouse 15 

TAXES, how assessed 6 

schoolhouse, how assessed 58 

TEACHER'S certificate, form for 61 

TEACHER dismissed on petition 62 

to be notified 65 

when incapable 64 

form of petition to dismiss 63 

maj- attend institutes 73 

not to be employed without cei-tificate 62 

not to be paid till register returned 69 

powers of 85 

school board to examine 60 

to hire 60 



I^DEX. 113 

PAGE 

TEACHER to be examined by school board 60 

in what branches 60, 61 

to keep register.... 68 

to return register 69 

TEACHERS' INSTITUTES, expenses of, provided for 95 

income of sale of state lands applied to sup- 
port of 11, 95 

normal school teachers to attend 94 

school board to allow teachers to attend 73 

superintendent of public instruction, when 
unable to attend, to appoint some person 

to conduct 94 

teachers may attend 73 

to be held annually in each county 94 

TEXT-BOOKS to continue in use live years 67 

maybe changed, when 67 

school board may change after five years 67 

See Books; School Books. 

TOWN may contract with academy 83 

may elect superintendent of schools, how 73 

may establish high school 75 

may make by-laws concerning truants 86 

offenders against may be sent to industrial 

school 87 

may raise money for schools 6 

misapplying literary fund, penalty 8 

to constitute a single district 12 

to take possession of property of districts abolished 12 

to pay expense of recovering penalties 91 

TOWN CLERK to act as clerk of district till clerk chosen 13 

to record proceedings in districts, when 39 

TOWN MEETING, check-list to be used at special 6 

money how raised at special 6 

TOWN TREASURER to disburse school money 7 

TRUANT OFFICER, duties of 72 

in regai-d to children in manufactories 72 

how paid 72 

school board to elect 71 

may remove 72 

tenure of office 72 

TRUANTS may be fined 86 

may give bond to attend school 87 

may be sent to industrial school 87 

towns may make by-laws concerning 86 

TRUST FUNDS, corporate powers of district to continue for enjoying.. .13, 17 

VACANCY in county commissioners, how filled 48 

district clerk, how filled 31 

prudential committee, how filled 31 

school board, how filled 59 

VOTE to locate schoolhouse, form of 37, 38 

to raise money, form of certificate of 29 

VOTERS aggrieved by location of high school house may apply to county 

commissioners 79 



114 INDEX. 

PAGE 

VOTERS aggrieved by location of schoolhouse maj^ apply to county com- 
missioners 45 

aggrieved by location of schoolhouse may apply to school board 39 

at district meetings, who are 25 

WARD'S tax, where assigned 7 

WARRANT, ai-ticle to raise money for schoolhouse 36 

for district meeting, by whom issued 19, 20 

form for annual 22, 23 

form for special 24 

justice to issue when 21 

how served 19, 20 

posted where 19, 20 

school board to issue 19, 20 

to be attested by school board 19, 21 

to be recorded 21 

to be returned to clerk 21 

when to be issued 20 

by j ustice for annual meeting, form of 23 

WENTWORTH'S LOCATION, literary fund when paid to 10 



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